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G.SRI DEVI
Gopu Muthemma, W/o. Late Gopu Nadipi Sailu – Appellant
Versus
H. Srinivas, S/o. H. Gangadhar – Respondent
JUDGMENT :
1. Being not satisfied with the quantum of compensation awarded in the order and decree, dated 04.02.2009 passed in O.P.No.1638 of 2004 on the file of the Motor Accidents Claims Tribunal (I Additional District Judge) at Nizamabad, 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, who are the wife, children and mother of one Gopu Nadipi Sailu (hereinafter referred to as “the deceased”), filed a petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.6,00,000/- for the death of the deceased, who died in a motor vehicle accident that took place on 10.05.2004. It is stated that on 10.05.2004 the deceased, along with one Dumala Ashok, were proceeding on Scooter bearing No.AP-10-K-4884 from Jannepally to the Shivar of Chikli Village, at that time another Scooter bearing No.AP 25 H 7322 came from opposite direction in a rash and negligent manner and dashed against the scooter of the deceased, due to which, the deceased sustained injuries and die
The Court applied the principles of contributory negligence and precedents to enhance the compensation amount beyond the claimed sum.
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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