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2002 Supreme(AP) 102

D.S.R.VERMA, B.S.A.SWAMY
Manager, New India Assurance Co. Ltd. – Appellant
Versus
Chintnala – Respondent


B. S. A. SWAMY, J.

( 1 ) IN this L. P. A. the issue that falls for consideration is whether the Motor Accidents Claims Tribunal-cum-District Judge of this court on appeal is empowered to grant higher compensa-tion. over and above the claim made by the claimants in O. P.

( 2 ) IN this case the claimant who was injured in a motor vehicle accident, that has taken place on 12. 1. 1989 had claimed rs. 1,00,000 as compensation.

( 3 ) THE Tribunal awarded compensation of Rs. 60,000 under different heads including an amount of Rs. 43,200, towards loss of future income on the basis of the salary certificate, i. e. , Exh. A-3, whereunder it was shown that he was drawing a salary of Rs. 500 only from a poultry at the time of the accident with 12 per cent interest per annum from the date of filing of the application.

( 4 ) AGGRIEVED by the award, the respondent herein, i. e. , the claimant filed C. M. A. No. 1845 of 1991. The learned Judge enhanced the compensation payable towards loss of future income observing that "in assessing the compensation payable to a victim it is always necessary to take into account all the attending facts and circumstances of the case, the possibility of a person p





















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