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M. G. PRIYADARSINI
Kandula Balamani – Appellant
Versus
Goundla Prasad Goud – Respondent
JUDGMENT :
M.G. PRIYADARSINI, J.
1. Dissatisfied with the compensation awarded by the learned Motor Accidents Claims Tribunal-cum-II Additional Chief Judge, City Civil Court, Hyderabad, in M.V.O.P. No. 1219 of 2017, dated 19.11.2018, the claim petitioners therein filed the present Appeal seeking enhancement of compensation.
2. For the sake of convenience, the parties hereinafter be referred as they were arrayed before the Tribunal.
3. The brief facts of the case are that the petitioners, who are the wife, children and mother of the deceased-Laxminarayana, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.15,00,000/- with interest @ 18 % per annum on account of the death of the deceased in a motor vehicle accident that occurred on 01.04.2017. As stated by the petitioners, on 01.04.2017 at about 6.50 p.m., when the deceased-Kandula Laxminarayana was proceeding towards Bhongir side from Hanumakonda, and while crossing the road, an Auto bearing No. TS-07-UC-0361, which was driven by its driver in a rash and negligent manner at high speed, while overtaking a Cyclist, went to the extreme right side of the road and the bag which was being carr
The court determined compensation based on the deceased's age and income, emphasizing reliance on documentary evidence and established legal principles in motor vehicle accident claims.
Compensation in motor vehicle accident cases must be calculated based on accurate assessments of the deceased's age, income, and number of dependents, following established legal principles.
The court emphasized the necessity of just compensation reflecting actual earnings and loss of dependency in motor accident claims.
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