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B. V. L. N. CHAKRAVARTHI
Boni Hymavathi, D/o. Rambabu – Appellant
Versus
K. yerrinaidu, S/o. Perinaidu – Respondent
JUDGMENT :
Heard Sri G.Sai Narayana Rao, learned counsel for the appellant and Smt.A.Jayanthi, learned counsel for the 3rd respondent/Insurance Company.
2. The appeal is directed by the claimant against the order and decree dated 30.06.2011 passed in M.V.O.P.No.794/2009 on the file of Motor Accidents Claims Tribunal-cum-I Addl. District Judge, Vizianagaram.
3. For the sake of convenience, the parties are arrayed as parties before the learned Tribunal.
4. The claimant filed the claim petition before the learned Tribunal U/s.166 of Motor Vehicles Act, 1988 claiming compensation of Rs.1,50,000/-for the personal injuries sustained by the claimant in a motor vehicle accident occurred on 30.04.2009 near Alluvari Kallalu, Vizianagaram District.
5. The case of the claimant is that she is a minor, aged 11 years, boarded an auto bearing No. AP 35T 5316 as a passenger to go to her village; the auto reached a place near Alluvari Kallalu at about 03.45 p.m.; the 1st respondent was driving the auto; he drove the auto in a rash and negligent manner; as a result, the auto turned turtle; the claimant fell down on the road and sustained injuries on her left and other parts of the body; she was shifted to
The main legal point established in the judgment is the determination of just compensation under the Motor Vehicles Act, considering the nature of injuries and disability, and the liability of the In....
The main legal point established in the judgment is the entitlement of the claimant to compensation under the head loss of amenities on account of permanent disability, and the application of the pay....
The court established that compensation for permanent disability must reflect actual loss, justifying an increase from Rs.1,70,000/- to Rs.7,04,000/-.
The main legal point established is the requirement to award just compensation in motor accident claim petitions, considering the pain, suffering, loss of amenities, and future medical expenses, and ....
The court affirmed that the Insurance Company is liable for compensation despite the absence of a driving license for the driver, emphasizing the need for sufficient evidence to support claims agains....
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