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(2004) 1 MLJ 12 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : A.S.Venkatachalamoorthy and S.R.Singharavelu, JJ.
Case Number(s) : C.M.A. No.228 of 1997
Judgement Date :
Monday 17th of November 2003
| Birendra Sharma and others | .....Appellant(s) | | Versus | | | M/s.A.V.M.Parcel Service, Pudukottai and another | .....Respondent(s) |
Motor Vehicles Act (LIX of 1988 as amended by Act LIV of 1994), Secs.166 and 168 Just compensation What is Motor accident Death of a woman aged 32 years Claim for Rs.2,50,000 award by the tribunal of Rs.1,25,000 Enhancement sought for by the claimants Held, deceased left behind her husband and two children Certainly there is loss of service to the family because of the ultimely death of the deceased For fixing compensation, age of the children has to be taken into consideration When there are more claimants than one, compensation has to be fixed on the higher side No hard and fast rule can be laid down in determining just compensation It depends on facts and circumstances of each case Multiplier of 17 adopted Compensation awarded as prayed for.
Cases Referred
Khodabhai Bhagwanbhai v. Hirji Tapu A.I.R. 1980 Guj. 25
Daly v. General Steam Navigation Co. [1980] 3 All E.R. 696
New India Assurance Company Limited v. Vishwa Bandhu 1999 A.C.J. 42
T. C. Bhatia v. Oriental Insurance Company Limited 2000 A.C.J. 327
Oriental Insurance Company Limited v. Gopal Singh 2000 A.C.J. 255
Lata Wadhwa v. State of Bihar 2001 A.C.J. 1735
United India Insurance Company Limited v. Banshidhar Gupta 2003 A.C.C. 572
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