Facts
The claimants sought compensation for the death of Thirunavukkarasu in a 2017 motor accident involving a vehicle insured by the appellant.
Source reference: p. 3–4The Motor Accident Claims Tribunal, Tenkasi, awarded ₹32,28,000, including ₹28,98,000 for loss of dependency, fixing the deceased’s monthly income at ₹23,000.
Source reference: p. 3–4The insurer appealed under Section 173 of the Motor Vehicles Act, challenging the quantum, principally the assessment of monthly income.
Source reference: p. 2, 4The claimants’ evidence included testimony from the deceased’s employer and an income certificate stating a salary of ₹20,000 per month, in addition to daily batta of ₹100.
Source reference: p. 5Issues
Whether the Tribunal erred in fixing the deceased’s monthly income at ₹23,000 for calculating compensation.
Source reference: p. 4–5Whether the overall compensation awarded by the Tribunal was liable to be interfered with on appeal.
Source reference: p. 5Law Applied
The appeal was brought under Section 173 of the Motor Vehicles Act, which provides for an appeal against an award of a Motor Accident Claims Tribunal.
Source reference: p. 2It addresses whether the Tribunal’s assessment was supported by the evidence and whether the resulting compensation was just and reasonable.
Source reference: p. 4–5Reasoning
The Tribunal’s income assessment was supported by the employer’s evidence and the income certificate, which recorded a monthly salary of ₹20,000 plus daily batta.
Source reference: p. 4–5The insurer produced no contrary evidence showing that the deceased earned less than the ₹23,000 monthly income assessed by the Tribunal.
Source reference: p. 4–5In light of that evidentiary record, the Court found no basis to disturb the income assessment or the overall award as just and reasonable.
Source reference: p. 4–5Holding
The Court dismissed the appeal and affirmed the Tribunal’s award of ₹32,28,000.
It directed the insurer, if it had not already done so, to deposit the entire award with accrued interest and costs within eight weeks of receiving the judgment.
Source reference: p. 5The claimants were permitted to withdraw the compensation in accordance with the proportions specified in the Tribunal’s award; there was no order as to costs, and the connected miscellaneous petition was closed.
Source reference: p. 5Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Motor Vehicles Act, 19881
Original Court PDF
The Divisional Manager,vsD.vaitheeswari
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Original judgment, available to read, download and summarize on LawLens.in
