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G.SRI DEVI
D. Venkatamma – Appellant
Versus
Ashwin Jain – Respondent
JUDGMENT :
Being not satisfied with the quantum of compensation awarded in the order and decree, dated 01.09.2006 passed in O.P.No.242 of 2004 on the file of the Motor Accidents Claims Tribunal (I Additional District Judge), Mahabubnagar, (for short “the Tribunal”), the appellants/claimants preferred the present appeal seeking enhancement of the compensation.
2. For the sake of convenience, the parties will be hereinafter referred to as arrayed before the Tribunal.
3. The facts, in issue, are as under :
4. The claimants filed a petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.3,00,000/- for the death of one D. Yellaiah (hereinafter referred to as “the deceased). It is stated that on 17.01.2004, the deceased was going to Macharam Village on his cycle to attend labour work at Laxmi Narayana Rice Mill, Jadcherla, when he reached near cross roads of Macharam on N.H.NO.7, one Toyota Qualis Car bearing No.AP 09 CH-R-1557 driven by its driver in a rash and negligent manner at high speed and dashed the deceased, as a result of which, the deceased fell down and succumbed to injuries while undergoing treatment in Government Hospital, Mahabubnagar. On a comp
The Court applied the principles of contributory negligence and precedents to enhance the compensation amount beyond the claimed sum.
The main legal point established in the judgment is that the courts should extend the benefit to the claimants to a just and reasonable extent under the Motor Vehicles Act, and the compensation amoun....
The main legal point established is that in motor vehicle accident claims, the courts may award higher compensation than initially claimed, in the absence of any bar in the Act, to ensure just and re....
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