In Brief
On 6 June 2016, a BMTC bus collided with a motorcycle, killing the rider (Boobalan, 38). His dependents claimed compensation. The Tribunal awarded Rs.75,97,060/- (calculating monthly income at Rs.62,725/-). The High Court increased this to Rs.77,50,000/- but lowered the monthly income to Rs.50,000/- and found the deceased 25% contributory negligent. The Supreme Court held that there was insufficient evidence to attribute any negligence to the deceased and that the actual proven income (Rs.62,725/-) should be used. It recalculated total compensation at Rs.1,20,84,925/- allowing the appeal and modifying the High Court judgment accordingly.
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