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G.SRI DEVI
Sadika Begum Siddika Negum – Appellant
Versus
AP State Road Transport Corporation – Respondent
JUDGMENT :
Being not satisfied with the quantum of compensation awarded in the award and decree, dated 07.09.2007 passed in O.P.No.1653 of 2006 on the file of the Motor Vehicles Accidents Claims Tribunal-cum-XIII Additional Chief Judge, City Civil Court (Fast Track Court), Hyderabad (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 hereinafter be 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.5,00,000/- for the death of the deceased, who died in a motor vehicle accident that took place on 09.06.2006. It is stated that on 09.06.2006 at about 9.30 hours, the deceased boarded the RTC bus bearing No. AP 11 Z 5218 at Motigalli “T” Junction and at that time the driver of the said bus drove it in a rash and negligent manner, due to which the deceased fell down from the bus, came under rear wheel of the bus and sustained injuries. Immediately, the deceased was shifted to Osmania General Hospital, Hyderabad and later shifted to
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....
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 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 the assessment of compensation for motor vehicle accidents, including the determination of notional income and the application of interest rates fo....
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