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BATTU DEVANAND
Dintakurthi Naga Kamala, W/o Seshu Kumar – Appellant
Versus
B. Srinivasulu S/o Peddulu – Respondent
JUDGMENT :
Challenging the decree and award, dated 20.07.2018 in M.V.O.P.No.377 of 2014 passed by the Chairman, Motor Accidents Claims Tribunal-cum-XIV Addl. District Judge, Vijayawada (for short “the tribunal”), the petitioners preferred this appeal.
2. The parties hereinafter called as petitioners and respondents as arrayed in the Tribunal.
3. The factual matrix of the case of the petitioners is that on 27.12.2006 at about 3-00 p.m., one D. Seshu Kumar (hereinafter called as “Deceased”) along with his wife and son started on a motor cycle bearing No. A.P.16 AS 5856 from Kesarapalli to Gannavaram to purchase a cake at Venus Snacks Bakery. After purchasing cake, while returning to home from Gannavaram to Kesarapalli and reached near R.T.C. Academy, Gannavaram, one lorry bearing No.A.P.16W 8966 (hereinafter called as “offending vehicle”) came in rash and negligent manner at high speed, behind the motor cycle of deceased and dashed the motor cycle, as a result, the deceased, his wife and son fell on the road and the deceased sustained multiple injuries and head injury. Immediately
Accident claim - In the absence of the proof of earnings, minimum of Rs.3,000/- per month can be taken.
In compensation claims under the Motor Vehicles Act, negligence can be established based on the preponderance of probabilities, not requiring direct evidence.
The court emphasized that income tax returns cannot be rejected solely due to being filed posthumously; the average income must be considered for fair compensation calculation.
Compensation in motor vehicle accident cases must be calculated based on accurate assessments of the deceased's age, income, and number of dependents, following established legal principles.
The court affirmed the principle that compensation under the Motor Vehicles Act must be just and fair, emphasizing the need to consider future prospects and proper income tax deductions.
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