Latha v. A.C. Ravi

CMA.No.2089 of 2018 CMA.No.2089 of 2018 A.A.NAKKIRAN, J.

Today, the matter is listed under the caption "For Being Mentioned".

2. Learned counsel appearing for the second respondent submits that the Tribunal has awarded compensation of Rs.15,57,300/- for the deceased family. However, the accident had occurred due to the negligence on the part of the deceased also. Hence, the Tribunal has observed that 10% negligence on the part of the deceased, therefore, the compensation for the remaining 90% negligence is fixed at Rs.14,01,570/- and the same was directed to be paid by the second respondent.

3. This Court after considering the age of the deceased and the avocation has enhanced the award amount to a sum of Rs.23,32,000/-.

4. In view of the stand taken by the Tribunal, this Court also fixed 10% negligence on the part of the deceased and 90% compensation is directed to be paid by the second respondent and the same is arrived at Rs.20,98,800/-.

5. Hence, the award amount of the Tribunal is modified to a sum of Rs.20,98,800/- by fixing the 10% negligence on the part of the deceased. Accordingly, the 2nd respondent/Insurance Company is directed to https://www.mhc.tn.gov.in/judis 1/2

CMA.No.2089 of 2018 A.A.NAKKIRAN, J.

mp deposit the 90% compensation amount i.e., Rs.20,98,800/- along withinterest @ 7.5% p.a. from the date of petition till the date of realization, and costs as awarded by the Tribuna, within a period of six weeks from the date of receipt of a copy of this order.

6. Registry is directed to issue the corrected order copy to the parties.

27.04.2023 mp CMA.No.2089 of 2018 https://www.mhc.tn.gov.in/judis 2/2