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The Managing Director vs Joy Rajam on 8 December, 2016

22. The amounts awarded under the heads, viz., a sum of Rs.4,50,000/- (Rupees Four Lakhs and Fifty Thousand only) towards pecuniary loss of minor son; a sum of Rs.1,25,000/- (Rupees One Lakh and Twenty Five Thousand only) towards loss of love and affection; a sum of Rs.10,000/- (Rupees Ten Thousand only) towards transportation charges; a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards funeral expenses; a sum of Rs.10,000/- (Rupees Ten Thousand only) towards loss of estate and a sum of Rs.5,000/- (Rupees Five Thousand only) towards loss of articles, are all in consonance with the judgment of the Division Bench of this Court in National Insurance Co. Ltd. v. R.Vimala reported in 2015 (2) TNMAC 490 (DB) and accordingly, the same is confirmed.
Madras High Court Cites 9 - Cited by 0 - N Kirubakaran - Full Document

The Managing Director vs R.Loganayagi on 28 June, 2019

9. Hence, this Court by following the observation made in the said judgment http://www.judis.nic.in 6 reported in 2019 (1) TNMAC 672 (DB) in the case of National Insurance Co.Ltd Vs. R.Vimala fix the notional income at Rs.5,000/- per month, and after deducting 1/3 towards personal expenses and applying multiplier at 15, arrived the the loss of dependency Rs.6,00,000/- which is proper. Considering the fact that the claimants who are the parents, lost their 2 years old baby, this Court inclined to enhance the sum awarded for Loss of love and affection from Rs.10,000/- to Rs.25,000/- and the sum awarded for Funeral expenses from Rs.8,000/- to Rs.15,000/- and since the sum awarded towards loss to estate at Rs.10,000/- is found reasonable, the same is confirmed.

Chandrasekar vs C.Pusshparaj on 3 February, 2022

8.A perusal of records would show that at the time of accident, the deceased child was aged about 9 years old and as per the decision of the Hon'ble Division Bench of this Court reported in MANU/TN/2960/2015 in the case of National Insurance Company Vs. R.Vimala and others, for 10 years old boy, notional income fixed at Rs.5,000/-. So in this case also the notional income of the deceased was fixed at Rs.5,000/- and 50% of income 4/8 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.67 of 2020 to be deducted for personal expenses. Hence, loss of income arrived at Rs.4,50,000/- (Rs.2,500 x 12 x 15). For loss of consortium, transportation and loss of estate, the Tribunal did not award any amount. Hence, this Court awarded Rs.40,000/- each towards loss of consortium and Rs.10,000/- towards Transportation and Rs.10,000/- towards loss of estate. All the other heads awarded by the Tribunal are hereby confirmed.
Madras High Court Cites 2 - Cited by 0 - S Ananthi - Full Document

M.Mohan vs M/S.Amson Agencies on 25 October, 2019

In the decision of the Division Bench of this Court in National Insurance Co. Ltd., vs. R.Vimala and others (cited supra) relied on by the learned counsel appearing for the appellant / claimants, it has been held that without any basis, contributory negligence cannot be fixed on the part of the deceased and the injured, especially, when an eyewitness to the accident was examined. Paragraph No.15 of the said decision, is extracted hereunder:
Madras High Court Cites 6 - Cited by 0 - R Hemalatha - Full Document

Govindaraj vs Vasudevan on 23 November, 2018

In the judgment reported in (2014) 1 Supreme Court Cases 244 (Kishan Gopal and another Vs. Lala and others), a sum of Rs.24,000/- is fixed as notional income of the minor and the Division Bench of this Court, in subsequent judgment reported in 2015 (2) TN MAC 490 (DB) (National Insurance Co.Ltd., Vs. R.Vimala and others), has fixed notional income of the deceased minor aged 9 years at Rs.16,000/- per month and deducted 1/3rd towards personal expenses and applied multiplier of 18 and awarded compensation.
Madras High Court Cites 5 - Cited by 0 - V M Velumani - Full Document

P.Jeya Basakaravel vs M/S.Veppalodai Chemicals on 31 October, 2019

In this regard the learned counsel for the appellants referred the Judgement of this Court in National Insurance Co., Ltd., v. R.Vimala, reported in 2015 (2) TN MAC 490 (DB), wherein it was held that for the 9 years old child, the Court fixed the 16/22 http://www.judis.nic.in C.M.A.(MD) No.1550 of 2007 notional income as Rs.5,000/- p.m. for the accident occurred in the year of 2013.
Madras High Court Cites 19 - Cited by 0 - K Ramasamy - Full Document
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