GLIMPSE OF A LATEST JUDGEMENT* *C.M.A. 687/2021* Renuka & 4 Ors. Vs. Santhamani & Anr. Dated: 29.03.2021 *Hon’ble Justice V.M. Velumani* allowed the Appeal, set aside the order on contributory negligence and enhanced the compensation to be paid to the Appellants in this matter relating to *“Contributory Negligence & Motor vehicle Accident”* and further held the following:

*GLIMPSE OF A LATEST JUDGEMENT*

*C.M.A. 687/2021*
Renuka & 4 Ors. Vs. Santhamani & Anr.
Dated: 29.03.2021

*Hon’ble Justice V.M. Velumani* allowed the Appeal, set aside the order on contributory negligence and enhanced the compensation to be paid to the Appellants in this matter relating to *“Contributory Negligence & Motor vehicle Accident”* and further held the following:

i) When there is no evidence with regards to the contributory negligence on the part of the deceased, non-possession of his driving license has no relevance towards affixing contributory negligence. The same had been held by the Supreme Court in the matter of “Dinesh Kumar, J. @ Dinesh, J. Vs. National Insurance Co. Ltd. And others” [2018 (1) TN MAC 34 (SC)]. Thus, 10% contributory negligence fixed by the Tribunal has been set aside.

ii) It is well settled that the Tribunal and the Courts have to award just compensation. Though the claimants have claimed lesser compensation, the Courts have power to grant just compensation more than the amount claimed by the claimants.

iii) In consideration of the age of the deceased, the enhancement towards future prospects has been increased to 40%, which was previously fixed at 25% by the Tribunal. The same is based on “National Insurance Co. Ltd., Vs. Pranay Sethi and others” [2017 (2) TN MAC 609 (SC)].

iv) Therefore, the total compensation was enhanced from Rs. 20,56,140/- to Rs. 41,27,850/-.

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