Over 2 lakh Indian cases. Search powered by Google!

Case Details

MANIMEKALAI versus V.CHANDRAN

High Court of Madras

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Manimekalai v. V.Chandran - Civil Miscellaneous Appeal No. 142 of 1996 [2002] RD-TN 268 (18 April 2002)



In the High Court of Judicature at Madras

Dated: 18/04/2002

C o r a m

The Honourable Mr.Justice K.GOVINDARAJAN

Civil Miscellaneous Appeal No. 142 of 1996

1. Manimekalai
2.Suresh Kumar (Minor)
3. Kannan (Minor)
4. Anjana Devi (Minor)
Minors represented by next friend
mother Manimekalai
5. Kandhayee
vs

1. V.Chandran
Rajagounder Thottam
NGO Colony,Erode-9
2. Mallika
3. The National Insurance Co.
Ltd., Trichy.2.

Appeal is against the judgment and decree dated 29.9.1994 made in M.C.O.P.453
of 1992 On the file of Motor Accident Claims Tribunal(Principal District
Judge),Erode.

For Appellants : Mr.B.Kumarasamy

For Respondents : No appearance for R2 & R3
Against R1-Dismissed.
:J U D G M E N T



The claimants have filed the above appeal not satisfied with the quantum fixed by the Tribunal.

2. The first claimant's husband aged about 41 years died in the accident occurred on 18.10.1991. Ex.A.1 was marked to show that the deceased was receiving salary of Rs.2,356/- per month including allowances as he was employed as Excise Inspector. Though the claimants have come forward with a plea that the deceased would have got promotion and retired as Collector, the same has been rejected by the Tribunal. But, the Tribunal has not properly calculated and arrived at the quantum of compensation towards loss of earning. When the claimants have filed Ex.A.1 to show that the deceased got the monthly salary of Rs.2,356/-, atleast Rs.1,500/- can be taken as contribution to the family. Even 17 years multiplier is adopted, the claimants are entitled to Rs.3,06,000/- as loss of income. The Tribunal has awarded only Rs.2,40,312/- which cannot be sustained. Though the Tribunal has awarded Rs.10,000/- towards loss of consortium, the Tribunal has not awarded any amount towards love and affection.

Each minor child is entitled to atleast Rs.5,000/- under the said head. So,another Sum of Rs.15,000/- is awarded towards loss of love and affection. The Tribunal awarded Rs.5,000/- towards loss of expectation of life, which can be retained. So,the claimants are entitled to Rs.3,36,000/- instead of Rs.2,55,312/- as awarded by the Tribunal. The claimants are also entitled to 12 interest on the enhanced compensation from the date of petition till date of payment as held in A.I.R.1986 Supreme Court,1191.

3.In the result, the appeal is partly allowed with the above modification. No costs.

Index:Yes.

Internet: Yes

18.04.2002

pa

To

1. The Motor Accident Claims Tribunal

(Principal District Judge)

Erode.

2. The Record Keeper,

V.R.Section,

High Court, Madras.104.

K.GOVINDARAJAN,J.

C.M.A.142 of 1996 


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.