V SRINIVAS
Andhra Pradesh State Road, Transport Corporation – Appellant
Versus
Kota Venkata Subba Reddy – Respondent
JUDGMENT :
V Srinivas, J.
This appeal is directed against the order of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-I Additional District Judge at Kadapa (hereinafter called as ‘the Tribunal’) in M.V.O.P.No.156 of 2012 dated 06.04.2015.
2. The appellants are owner/A.P.S.R.T.C. and driver of the Bus bearing No.AP 11 Z 4360 (hereinafter referred to as “crime bus”). The respondent Nos.1 and 2 herein are parents of one K.Devi (hereinafter called as ‘the deceased’). For the sake of convenience, the parties hereinafter referred to as they arrayed before the Tribunal. The case of the claimants, in the petition before the Tribunal is that:
ii). The deceased was aged about 22 years and used to earn Rs.500/- per day by selling milk and other milk products as she was maintaining six she buffaloes. Being dependents, they claiming compensation of Rs.7,00,000/- against
Sandeep Khanuja vs Atul Dande & Anr (2017) 3 SCC 315
National Insurance Company Limited v. Pranay Sethi (2017) 16 SCC 680
The court affirmed that compensation for motor vehicle accidents should be calculated using the multiplier method, considering future prospects and personal expenses.
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 can be enhanced without cross-objections, applying the multiplier method for calculating loss of dependency in motor vehicle accident cases.
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 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.
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