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RAVI NATH TILHARI, NYAPATHY VIJAY
United India Insurance Company Ltd. – Appellant
Versus
Poura Sudharshanamma – Respondent
JUDGMENT :
RAVI NATH TILHARI, J.
1. Heard Sri Gudi Srinivasu, learned Standing Counsel for the appellant-United India Insurance Company Ltd and Sri L.J. Veera Reddy, learned counsel for the claimants/ respondents 1 and 2.
2. The claimants/respondents 1 and 2 filed M.V.O.P. No. 194 of 2020 under Section 166 of the Motor Vehicles Act, 1988 (in short ‘the M.V. Act’) claiming compensation of Rs.50,00,000/- for the death of Poura Sreevidhya (in short ‘the deceased’) in a motor vehicle accident, which occurred on 17.01.2020 at 4.30 p.m. near ECO Park, R.K. Valley to Vempally main road of Vempalli Mandal, YSR Kadapa District.
3. The claim was partly allowed for a sum of Rs.48,17,788/- with interest @ 7.5% p.a. from the date of petition till the date of deposit or realization against the present appellant-insurance company and the 3rd respondent-owner, vide order dated 28.02.2024 passed by the Motor Accidents Claims Tribunal-cum-Principal District Judge, Kadapa (in short ‘the Tribunal’).
4. The claim petition was filed inter-alia on the averments that the accident occurred due to rash and negligent driving of the driver of the offending vehicle bearing No. AP 31 AZ 0477 driven by the 4th respon
In cases of bachelor deceased, deductions for personal expenses can be adjusted based on the number of dependents, allowing for 1/3rd deduction when multiple dependents exist.
In cases where spouses share expenses and both are employed, a deduction of 2/3rd from the deceased's income for personal expenses is appropriate for calculating compensation.
Legal representatives, including married daughters and major sons, are entitled to claim compensation under the M.V. Act, emphasizing a broad interpretation of dependency and representation.
Important Point : In cases involving married couples with similar incomes, the deduction for personal expenses in compensation claims should be adjusted based on shared living circumstances.
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