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A. V. RAVINDRA BABU
Andhra Pradesh State Road Transport Corporation, Rep. by its Managing Director-cum-Vice Chairman – Appellant
Versus
B. Gangaiah – Respondent
JUDGMENT :
(A.V. Ravindra Babu, J.)
Challenge in this Motor Accidents Civil Miscellaneous Appeal is to the Award, dated 09.11.2015, in M.V.O.P. No.307 of 2014 on the file of Chairman, Motor Accidents Claims Tribunal-cum-IX Additional District Judge, Chittoor (for short, ‘the Tribunal’) whereunder the Tribunal, dealing with the claim of compensation sought by the claimants on account of the death of B. Ravi Kumar (hereinafter referred to as ‘the deceased’) in a motor vehicle accident, which was occurred on 28.11.2009 at 03:30 PM, awarded a sum of Rs.6,48,000/- towards compensation.
2. The parties to this Appeal will hereinafter be referred to as described before the Tribunal, for the sake of convenience.
3. The case of the claimants, in brief, according to the averments set out in the claim, before the Tribunal, is that on 28.11.2009 at about 03:30 p.m. on Chittoor-Palamaner road while the deceased was driving his two wheeler slowly and going towards Motharapalle the APSRTC bus bearing No.AP 11 Z 1110 (for short, ‘the offending vehicle’) driven by its driver at a high speed in a rash and negligent manner, dashed against the vehicle of the deceased, as a result the deceased fell down
The appellate court can reduce compensation awarded by the Tribunal if it finds the original amount excessive or incorrectly calculated based on the evidence presented.
The court emphasized accurate income assessment and correct multiplier application in compensation claims under the Motor Vehicles Act.
The court modified the compensation for accidental death from Rs.18,00,000 to Rs.22,20,000, upholding the principle of just compensation based on appropriate income calculations and adjusting interes....
The judgment reinforces the principle that compensation for motor vehicle accidents should reflect the severity of injuries and the negligence of the responsible party.
The court upheld the Tribunal's decision on compensation, affirming that the claimant proved the driver's negligence and the assessed disability of 40%.
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