Cholamandalam Ms General Insurance Co.Ltd v. Radhakrishanan
Case brief
What is this about?
Madras HC 03.04.2025, C.M.A.No.2701 of 2024 / C.M.P.No.21476 of 2024 (coram R. Suresh Kumar, J. & Dr. A.D. Maria Clete, J.): insurer's S.173 MV Act 1988 quantum appeal against M.C.O.P.No.108 of 2021 award (17.07.2023, Perambalur Tribunal) DISMISSED. Fatal accident 25.01.2021; unmarried deceased Rajenthiran, B.E. holder working in Kuwait; no salary certificate - Tribunal notionally fixed Rs.40,000/- p.m., awarded Rs.43,36,500/. by multiplier method; insurer urged Rs.30,000/- p.m. reduction; Court upheld Tribunal's reasoned notional income fixation, noted insurer's figure equally presumptive and undocumented; deposit balance with interest releasable to claimant-parents; no precedent cases engaged; useful on notional/notional-income fixation absent salary proof in fatal MACT claims.
What did the court decide?
None to appellant - Tribunal award upheld; remaining deposited amount along with interest to be withdrawn by respondents/claimants in full without further reference to this Court; no order as to costs; connected miscellaneous petition closed.