Back
V. SRINIVAS
APSRTC – Appellant
Versus
Velugula Rama Lakshmi – Respondent
JUDGMENT :
V. SRINIVAS, J.
1. This appeal is directed against the order of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-IX Additional District Judge, West Godavari at Kovvur (hereinafter called as ‘the Tribunal’) in M.V.O.P. No. 7 of 2015 dated 22.12.2015.
2. The appellant is A.P.S.R.T.C. owner of the Bus bearing No. AP 28 Z 3320 (hereinafter referred to as “crime bus”). The respondent Nos. 1 and 2 are wife and son of one Venkateswara Rao (hereinafter called as ‘the deceased’) respectively. Respondent No. 3 herein is the driver of the crime bus.
3. For the sake of convenience, the parties hereinafter referred to as they arrayed before the tribunal.
4. The case of the claimants, in the petition before the Tribunal is that:
(ii) The deceased was doing business and earned Rs.15,000/- per month. The claimants are dependents on the earnings of the deceased.
The court confirmed that legal representatives, including married sons, have the right to claim compensation for the death of a family member in a motor vehicle accident.
The court affirmed that compensation can be enhanced without cross-objections, applying the multiplier method for calculating loss of dependency in motor vehicle accident cases.
The court established that just compensation can be awarded based on the multiplier method, and it can enhance compensation even without an appeal from the claimants.
The court established that compensation can be enhanced without cross-objections, emphasizing the application of the multiplier method for calculating just compensation.
The court affirmed that compensation for motor vehicle accidents should be calculated using the multiplier method, considering future prospects and personal expenses.
The acquittal of a driver in a criminal case does not affect liability in civil motor accident claims, which are determined by the preponderance of evidence.
The court upheld the principle of awarding just compensation based on the multiplier method, emphasizing the need for future prospects and proper deductions for personal expenses.
The court established that compensation for motor vehicle accidents must be just and can be enhanced even without cross-objections from claimants, following the multiplier method.
The court affirmed the application of the multiplier method for calculating compensation in motor vehicle accident cases, ensuring just compensation for dependents.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
