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SUJOY PAUL, NAMAVARAPU RAJESHWAR RAO
United India Insurance Co. Ltd. – Appellant
Versus
Thuma, Merugu Rajitha – Respondent
JUDGMENT :
(Namavarapu Rajeshwar Rao, J.)
These two appeals are being disposed of by way of this common judgment since M.A.C.M.A.No.49 of 2019 is filed by the appellant/The United India Insurance Co. Ltd., M.A.C.M.A.No.88 of 2019 is filed by the appellants/claimants, are directed against the very same order and decree, dated 31.08.2018 passed in M.V.O.P.No.903 of 2016 by the Chairman, Motor Vehicle Accidents Claims Tribunal-cum-Principal District Judge, Warangal (for short, “the Tribunal”).
2. For the sake of convenience, the parties are hereinafter referred to as they are arrayed before the Tribunal.
3. The brief facts of the case are as follows:-
On 07.09.2016, the deceased Thumma Suresh was proceeding to his house at Kareemabad, Warangal, on his Splendor Plus Motorcycle bearing No.AP-36-AR-4614, on the way, when he reached Chatrapathi Colony at Hasanparthy at about 20.40 hours, the driver of the Lorry bearing No.AP-31-TC4166, parked the lorry in the middle of the road without taking any precautions, such as putting on indicators or parking lights. Due to the darkness, the deceased could not observe the said lorry and hit the same. Resultantly, the deceased sustained fatal injuries
The court established that future prospects must be considered in compensation calculations for fatal accidents, affirming the principle of negligence in determining liability.
The court clarified the calculation of compensation in motor accident cases, emphasizing deductions for taxes and the application of established principles for assessing future prospects and personal....
Compensation claims require substantial evidence of income and proper assessment of dependents to determine liability and amounts.
Just compensation principles affirming fair, reasonable evaluations for victims' families in road accident cases, including future earnings and consortium considerations.
The family pension received by the wife of the deceased in a road traffic accident is not a "pecuniary advantage" and is not liable for deduction while determining the compensation under the provisio....
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