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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.MADHUSUDHAN RAO
Tamatam Prameela – Appellant
Versus
TSRTC – Respondent
| Table of Content |
|---|
| 1. establishment of facts related to the accident and initial compensation ruling. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments presented by both parties concerning income and compensation. (Para 7 , 8 , 10 , 11) |
| 3. court's observations and rationale for compensation adjustment based on earned income. (Para 9 , 13 , 14) |
| 4. final ruling on compensation, enhancing the awarded amount and directions for payment. (Para 16 , 17) |
JUDGMENT:
B.R.MADHUSUDHAN RAO, J.
1. This appeal is filed under Section 173 of the MOTOR VEHICLES ACT (for short ‘the MV Act’) by the claimants aggrieved by the award dated 18.09.2019 passed in MVOP.No.767 of 2015 by the Motor Accidents Claims Tribunal (III Additional District Judge), Ranga Reddy District, L.B.Nagar (for short, ‘the Tribunal’).
2. It is stated in the claim petition that on 28.08.2015 at about 7.30 p.m. while the deceased T. Radhakrishna was crossing the road at Madina Stone Shop opposite to Anuradha Timber Depot, at that time the driver of the RTC bus bearing No. AP-11-Z-4570 drove the vehicle with high speed in rash and negligent manner, dashed him due to which he sustained severe injuries and he was shifted to Gandhi Hospital, Secundera
The court established that compensation must reflect the deceased's true earning capacity, deducing correct income and applying established multipliers in line with relevant precedents.
The court recalibrated compensation for a road accident victim's heirs based on reasonable income estimation, deviating from the original Tribunal assessment.
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