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2022 Supreme(SC) 1878

A. S. BOPANNA, PAMIDIGHANTAM SRI NARASIMHA
Girijakumari – Appellant
Versus
Lakshmi Sreeni – Respondent


Advocates Appeared:
Mr. Raghenth Basant, Advocate, Ms. Liz Mathew, Advocate, Ms. Roopali Lakhotia, Advocate, Mr. Ajay Krishna, Advocate, for the Appellant; Mr. Biju P Raman, Advocate, Mr. Subhash Chandran, Advocate, Ms. Yogamayam. G, Advocate, Mr. John Thomas Arakal, Advocate, for the Respondent.

ORDER

1. Delay condoned.

2. Leave granted.

3. The appellants are before this Court seeking enhancement of the compensation as against the sum awarded by the High Court.

4. In respect of the accident, which occurred on 04th December, 2011, the compensation claimed was in view of the death of the husband of the claimant no.1, who was working as a driver in the Municipal Corporation as on date of death.

5. The Motor Accidents Claims Tribunal ('MACT' for short), having considered, through the Order dated 28.01.2015, held that the deceased was solely rash and negligent in causing the accident. Hence, had rejected the claim petition filed by the appellants seeking compensation.

6. Aggrieved with the said order, the appellants were before the High Court.

7. The High Court, having considered the matter, had awarded Rs. 15,84,656/- (Rupees Fifteen Lakhs Eighty Four Thousand Six Hundred and Fifty Six Only) as compensation to the appellants.

8. Considering the fact that the issue relating to the accident, the age of the deceased and also the salary which was taken at Rs. 16,212/- (Rupees Sixteen Thousand Two Hundred and Twelve Only) per month for determining loss of dependency, are not in dispute, th

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