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NAMAVARAPU RAJESHWAR RAO
Reliance General Insurance Co. Ltd. – Appellant
Versus
Islavath Nagamani – Respondent
JUDGMENT :
Heard learned Counsel for the appellant/ Insurance Company and learned counsel for the respondents/petitioners.
2. Aggrieved by the Order and decree dt.12.05.2016 in M.V.O.P No.345 of 2011 passed by the Chairman, Motor Accidents Claims Tribunal-Cum-I Additional Chief Judge, City Civil Court, Secunderabad (for short “the Tribunal”), the Insurance Company preferred the present appeal seeking to set aside the above order and decree.
3. Vide the aforesaid order, the Tribunal has awarded an amount of Rs.25,00,000/- as claimed by the respondents/petitioners with costs and interest @7.5% per annum from the date of petition till the date of deposit.
4. The only contention of the learned Counsel for the appellant is with regard to the quantum awarded by the Tribunal under various heads. In support of his contention, he relied upon the judgment of the Apex Court in Pranay Sethi, 2017 (16) SCC 680 and contended that the amount awarded under the heads consortium, funeral expenses and the percentage of future prospects are excessive and prayed to set aside the order of the Tribunal.
The compensation for loss of consortium is not restricted to Rs.40,000/- only for spousal consortium. In addition thereto, similar amounts of consortium may be extended under the heads of filial cons....
Consistency in awarding compensation under conventional heads and the correct assessment of the deceased's annual income are crucial in determining fair compensation under the Motor Vehicles Act.
The judgment clarifies the methodology for calculating compensation in motor accident claims, emphasizing accurate assessment of dependency and prohibition against duplicative compensation.
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