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Madras HC corrects the computation error of Motor Accident Claims Tribunal
In an astonishing error in passing of a judgment - the Motor Accident Claims Tribunal was recorded to have negligently miscalculated the amount of compensation to be awarded to the family of a victim of a road accident by Rs. 43.1 Lakh.
The matter dates back to the year 2015 when a biker knocked down a pedestrian . Mr. Palaneveilu , the victim, was run into by a rashly and negligently driven motorbike on the 7th Maarch,2015 . The incident resulted in his death.Mr. Palaneveilu was the sole bread-earner of his family.He left behind his, now helpless - wife and 2 children, one son and one daughter. The family of the deceased approached the Karaikal Motor Accident Claims Tribunal’s Award seeking relief.
The matter was discussed at length before the Tribunal wherein the claim of the claimant was that since the deceased was the only person who earned for the entire family, his death has caused great hardship to the entire family.
The deceased was a Junior Engineer in an Agricultural Institution and his earning per month was estimated at Rs. 6,000/- per month. The negligent biker who was declared dead post the incident was since represented by his legal heirs in the matter.The Tribunal calculated the entire compensation on the basis that his salary was 6,000/- per month and hence the compensation amount was set to Rs. 9.5 Lakhs. The amount was to be paid to the family of the deceased by the legal heirs of the deceased biker.
The claimants remained unsatisfied with the amount of compensation ordered by the Motor Accident Claims Tribunal. They argued that calculations as to the amount of compensation awarded was in fact erroneous. Hence, they filed an appeal before the High Court of Madras.The matter was brought before a Division Bench of the Madras High Court comprising of Justice N. Kirubakaran and Justice Abdul Quddhose. The Division Bench heard the matter and considered several evidences brought before it in lieu of the salary of the deceased.
While hearing the matter the Division Bench found out that the Motor Accident Claims Tribunal had committed an error while calculating the compensation amount. They had considered the salary of the Junior Engineer to be Rs. 6,000/- per month while his salary slips and other evidences showed otherwise.
On due considerations it was found that the salary of the deceased was not Rs. 6,000/- per month but Rs. 41,500/- per month. This was a proof that the compensation amount calculated by the Motor Accident Claims Tribunal was completely wrong. Hence, the Madras High Court was inclined towards reevaluating the amount to be paid.
After making the calculations the Madras High Court reached to the decision that the final amount of compensation which should be paid to the family of the deceased should be Rs. 52.6 Lakhs. Out of this amount Rs. 21 Lakh was the compensation to be paid to the wife of the deceased and Rs. 15.5 Lakh was to be paid individually to both the children of the deceased.
