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T. MALLIKARJUNA RAO
United India Insurance Co. Ltd. – Appellant
Versus
Bathineni Krishna Murthy S/o Kotaiah – Respondent
JUDGMENT :
T. MALLIKARJUNA RAO, J.
1. Aggrieved by the order dated 06.11.2009 in M.V.O.P. No. 500 of 2007 passed by the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Ongole the 2nd respondent-M/s. United India Insurance Company Ltd. Nellore, represented by its branch manager, Nellore, has filed this appeal questioning the quantum of compensation awarded by the Tribunal.
2. The parties will be referred to as arrayed in the M.V.O.P. for convenience.
3. The Claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, for a compensation amount of Rs.5,00,000/- on account of the death of his son-Bathineni Anil, in a motor vehicle accident that occurred on 13.04.2004. The said Bathineni Anil would hereinafter be referred to as 'the deceased.
4. On the factual side, on 13.04.2004, the deceased travelled with a load of brandy bottles from Hyderabad to Ongole in a lorry bearing registration No. A.P. 16 U 0023, at about 5.15 AM, a lorry bearing No. A.P. 31 T 5502, driven by the driver-3rd respondent, came in the opposite direction at high-speed rashly and negligently dashed against the lorry in which Claimant was travelling. As a result, the dece
The court clarified the standards for fixing compensation in motor vehicle accident cases, emphasizing proper income assessment and dependency considerations per established legal precedents.
The appropriate income, future prospects, and multiplier for calculating compensation under the Motor Vehicles Act were determined based on legal principles established in previous cases.
The court's decision emphasized the importance of accurately determining the deceased's income for calculating compensation, relying on bank statements and considering fluctuations and deductions.
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