S.Sekar v. M.Arun
Case brief
What is this about?
In a motor accident claim appeal, the High Court enhanced compensation from Rs.32.50 lakh to Rs.38.98 lakh. The court corrected the income calculation by excluding voluntary deductions and adjusted future prospects to 30% while rejecting loss of love and affection as it overlaps with consortium.
What did the court decide?
Compensation enhanced from Rs.32,50,005/- to Rs.38,98,305/- with direction to the Insurance Company to deposit the balance amount with interest.
What the court decided
C.M.A. No. 929 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE K. RAJASEKAR
C.M.A. No. 929 of 2021
- S. Sekar
- S. Divya
- Minor S. Natarajan ... Appellants / Petitioners
Vs.
- M. Arun
- Oriental Insurance Company Limited, Oriental House, 2nd Floor, Old No.115, New No.216, Prakasam Road, Broadway, Chennai - 600 108. ... Respondents / Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and decree dated 30.09.2019 passed in M.A.C.T.O.P. No.572 of 2017 on the file of the II Special Sub Judge, Motor Accidents Claims Tribunal, Special Sub Court-II, Motor Vehicles Claims Petitions Small Causes, Chennai.
Issues for consideration
3 issues framed by the court
Whether the monthly notional income of the deceased should be calculated based on gross salary minus only professional tax and income tax, excluding voluntary contributions?
Whether the future prospects percentage and loss of consortium heads require modification based on the deceased's age and judicial precedents?
Whether the compensation for loss of love and affection should be rejected as it is subsumed under loss of consortium?
Parties & counsel
- petitioner
S. Sekar
- petitioner
S. Divya
- petitioner
Minor S. Natarajan
- respondent
M. Arun
- respondent
Oriental Insurance Company Limited
Case details
As recorded by the court registry
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