Claimants appealed for enhancement of compensation awarded in a fatal motor accident claim, arguing the Tribunal's notional income of Rs.15,000 for the deceased II-year B.Com student was too low. The court found the Tribunal's award with 40% future prospects and multiplier 18 just and reasonable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.A.No.717 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.03.2024
C O R A M
THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY
C.M.A.No.717 of 2024
1.M.N.Swathy 2.M.N.Bushanam
...Appellant
Vs
The Managing Director, Metropolitan Transport Corporation Ltd., Pallavan House, Anna Salai, Chennai 600 002.
... Respondents
Prayer:
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to modify the impugned order dated 01.11.2023 in MCOP.No.4859 of 2019 by adequately enhancing the compensation awarded under various heads.
For Appellant : Mr.R.Dinesh Kumar
JUDGMENT
This civil miscellaneous appeal has been filed challenging the judgment
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and decree dated 01.11.2023 in MCOP.No.4859 of 2019.
awarded the compensation in the following manner:
| S.No | Heads | Compensation (Rs.) | |
|---|---|---|---|
| 1 | Loss of Dependency | 22,68,000 | |
| 2 | Loss of Estate | 15,000 | |
| 3 | Loss of Consortium | 80,000 | |
| 4 | Funeral Expenses | 15,000 | |
| Total | 23,78,000 |
3. The main contention of the learned counsel for the appellant is with
regard to the quantum of compensation awarded by the Tribunal. The accident was occurred in the year 2019 and at the time of accident, the deceased was studying II year B.Com. However, without considering the same, the Tribunal had fixed the notional income as a sum of Rs.15,000/-. Hence, he requests this
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Court to enhance the same.
4. Heard the learned counsel for the appellant and also perused the documents available on records.
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respondent is directed to deposit the amount awarded by the Tribunal along with interest and costs, less the amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this judgment, to the credit of MCOP.No.4859 of 2019 on the file of the Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai. Upon such deposit, the Tribunal is directed to transfer the award amount to the claimants to their respective bank accounts, by way of RTGS, within a period of three weeks from the date of deposit and receipt of the Bank details obtained from the claimants. No costs.
28.03.2024
Index: Yes/No Internet:Yes/No Speaking order/Non-speaking order nsa
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KRISHNAN RAMASAMY,J.
nsa
C.M.A.No.717 of 2024
28.03.2024
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1 issue framed by the court
Whether the notional income of Rs.15,000 fixed by the Tribunal for the deceased student was just and reasonable and required enhancement.
1 provisions across 1 enactments
M.N.Swathy
M.N.Bushanam
The Managing Director, Metropolitan Transport Corporation Ltd., Pallavan House, Anna Salai, Chennai 600 002
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
