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1 - 8 of 8 (0.25 seconds)Kajal vs Jagdish Chand on 5 February, 2020
16. As rightly held by the learned Single Judge in the above
judgement, that was a case where the accident had taken place during the
year 2006 and therefore, that judgement cannot continue to be applied
mechanically for all future cases irrespective of the passage of time. That
is the reason why, the learned single Judge took note of the latest
judgement of the Apex Court in [Kajal Vs. Jagadish Chand] reported in
2020 4 SCC 413. In that case, the victim girl was aged about 12 years
and the Apex Court had fixed the compensation at Rs.62,27,000/-. The
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Civil Miscellaneous Appeal Nos.1328 of 2023 and 50 of 2021
learned Single Judge had also taken into account the judgement of the
Apex Court in [sidram Vs. Divisional manager, United India
Insurance Co. Ltd and another] reported in 2022 (2) TNMAC 737 (SC)
and held that the process of determining the compensation involves
approximation and in any case, disability can never be assessed in terms
of money since the 'money cannot renew a physical frame that has been
battered. In that case, the learned Single Judge was dealing with a
claimant, who was only aged about 9 years where the notional monthly
income was fixed at Rs.9,000/-and the same was confirmed.
Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 338 in The Indian Penal Code, 1860 [Entire Act]
Sidram vs The Divisional Manager United India ... on 16 November, 2022
15. The Hon’be Supreme Court in its verdict reported in 2022 Live
Law (SC) 968 (Sidram vs. The Divisional Manager, United India
Insurance Co.Ltd., and Anr.) has held that the process of
determining compensation by the Court is essentially a very
difficult task and can never be an exact science. Perfect
compensation is hardly possible, more so claims of injury and
disability point out that ‘money cannot renew a physical frame
that has been battered.’ and appreciate the fixation of
compensation applying multiplier on notional income. Therefore,
this Court holds that the Tribunal has not erred in awarding
compensation of Rs.20,41,200/- to the claimant towards loss of
earning capacity by taking notional income of Rs.9,000/- with
40% prospectus and multiplier 18. There is no dispute in respect
of other compensation awarded in other heads. In the above facts
and circumstances, the award passed by the Tribunal need not be
interfered and thus this Civil Miscellaneous Appeal fails.
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Civil Miscellaneous Appeal Nos.1328 of 2023 and 50 of 2021
The Oriental Insurance Company Limited vs Minor Soundarya on 26 October, 2018
14. On perusal of judgment of the Tribunal, it is clear that before
the Tribunal both sides relied on citations. The Tribunal relied on
the judgment of the Division Bench of this Court reported in 2019
(1) TNMAC 197 (The Oriental Insurance Co.Ltd., vs. Minor
Soundarya) and 2019 (1) TNMAC 18 (Mohammed Babu vs. MGM
Travels, Chennai), wherein an 8 years old minor victim was
awarded compensation by taking notional income of Rs.10,000/-
p.m. adding 40% towards future prospects. In this case, the minor
petitioner is aged 9 years old, whose right hand was crushed and
the Medical Board assessed permanent disability at 75%.
Mohammed Babu vs ) Mgm Travels on 4 October, 2018
14. On perusal of judgment of the Tribunal, it is clear that before
the Tribunal both sides relied on citations. The Tribunal relied on
the judgment of the Division Bench of this Court reported in 2019
(1) TNMAC 197 (The Oriental Insurance Co.Ltd., vs. Minor
Soundarya) and 2019 (1) TNMAC 18 (Mohammed Babu vs. MGM
Travels, Chennai), wherein an 8 years old minor victim was
awarded compensation by taking notional income of Rs.10,000/-
p.m. adding 40% towards future prospects. In this case, the minor
petitioner is aged 9 years old, whose right hand was crushed and
the Medical Board assessed permanent disability at 75%.
Reliance General Insurance Company ... vs Karun M. Kamble Minor Thr. Natural ... on 19 December, 2018
14. It will be more appropriate to take note of the recent
judgement of this Court in [National Insurance Company Limited Vs.
Minor Manoj] reported in 2024 (1) TNMAC 710. The learned Single
Judge has taken note of the earlier judgments and the relevant portions
are extracted hereunder :-
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