Malar v. Manickam
Case brief
What is this about?
The High Court enhanced compensation from Rs.11 lakhs to Rs.24.9 lakhs in a motor accident claim appeal, fixing higher notional income and granting separate love and affection damages due to dependency.
What did the court decide?
Enhancement of compensation to Rs.24,90,000 with 7.5% interest; 90% of enhanced amount deductible for delay interest.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
CMA No.642 of 2024
1.Malar 2.Adhilakshmi ..Appellant
.vs.
1.Manickam 2.The Manager, The Oriental Insurance Co Ltd., No.32/312, Vijayalakshmi Complex, 13th Street, Sathuvachari, Vellore - 9. ..Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and Decree dated 09.09.2019 and made in MACTOP No.552 of 2017 on the file of the Motor Accident Claims Tribunal, The Special Sub Court, Tiruvannamalai.
For Appellant : Ms.A.Subadra For Respondents : Mr.Zakir Hussain for R2
JUDGMENT
Issues for consideration
3 issues framed by the court
Whether the quantum of compensation awarded by the Motor Accident Claims Tribunal can be enhanced by the High Court on civil appeals.
How to fix the notional income and future prospects for the deceased working as a mason.
Whether compensation under the head of love and affection should be granted to the widowed mother and unmarried sister.
Parties & counsel
- appellant
Malar
- respondent
Manickam
- respondent
The Manager, The Oriental Insurance Co Ltd.
Coram
Case details
As recorded by the court registry
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