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P. SREE SUDHA
S. Andalu – Appellant
Versus
Jatangi Nagaraju – Respondent
JUDGMENT :
P. Sree Sudha, J.
These appeals are filed against the Order dated 19.10.2018 in M.V.O.P.No.1568 of 2014 passed by the learned Motor Accidents Claims Tribunal cum II-Additional Chief Judge, City Civil Court, Hyderabad.
2. The petition vide M.V.O.P.No.1568 of 2014 was filed by the petitioners/claimants claiming compensation of Rs.20,00,000/- for the death of the deceased S.Santhosh Kumar, who died in the motor vehicle accident occurred on 14.02.2014. The trial Court after considering the oral and documentary evidence on record, granted compensation of Rs.9,37,200/- along with interest @ 7.5% per annum from the date of petition till realization. Aggrieved by the said Order, they preferred M.A.C.M.A.No.222 of 2019, seeking enhancement of the compensation amount. The Insurance Company has also preferred an appeal in M.A.C.M.A.No.2354 of 2019 against the same Order disputing their liability and requested the Court to set aside the Order of the trial Court.
3. Heard arguments of both sides and perused the entire evidence on record.
4. Parties herein are referred as petitioners and respondents as arrayed before the trial Court for the sake of convenience.
5. The brief facts of the cas
The court established that compensation for loss of dependency must reflect the deceased's potential earnings and future prospects, ensuring just compensation for claimants.
Determination of compensation for wrongful death must utilize notional income when actual income is unproven and it should reflect the loss suffered by claimants, including appropriate filial consort....
Court clarified income assessment for compensation based on dependency and correctly applied deductions for personal expenses, enhancing overall compensation in line with established legal precedents....
In cases of road traffic accidents, when the driver's license is invalid, the insurer is liable to pay compensation first and may recover it from the vehicle owner. Future prospects should be assesse....
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