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IN THE HIGH COURT OF TELANGANA
TIRUMALA DEVI EADA
Shriram General Insurance Co. Ltd. – Appellant
Versus
S. Manikyamma – Respondent
JUDGMENT :
Tirumala Devi Eada, J.
This appeal is filed by the Insurance Company aggrieved by the Order and Decree dated 05.02.2021 in M.V.O.P.No.794 of 2016 passed by the XXV Additional Chief Judge, City Civil Court, Hyderabad (for short “the Tribunal”).
2. For convenience and clarity, the parties herein are referred to as they were arrayed before the Tribunal.
3. The case of the claim petitioners before the Tribunal is that on 15.02.2015 at 7:30 p.m., the deceased/S.Narayana was proceeding on a motor bike bearing No.TS-12EB-9813 on Pargi, Kodangal Road and when he reached neat Rangamapally Gate, lorry bearing No.KA-39-6319 driven by its driver at high speed in rash and negligent manner proceeding from Kodangal towards Hyderabad, dashed the motor cycle of the deceased. As a result of which, the deceased fell down and the lorry ran over the deceased and he died on the spot.
4. The parents, brothers and un-married sisters of the deceased filed claim petition seeking a compensation of Rs.15,00,000/- before the Tribunal.
5. The respondent Nos.1 and 3 failed to file any counter affidavit while the contesting respondent i.e., Insurance Company has filed its counter denying the occurrence of ac
The court reinforced the principle that just compensation must be awarded in accident cases, irrespective of whether claimants appeal, ensuring victims' families receive fair compensation for their l....
Court increased compensation for death in motor vehicle accident, emphasizing the need to account for loss of dependency and consortium for all dependents.
Compensation in motor accident claims must be just and reasonable, with courts empowered to enhance awards irrespective of claimants' cross-appeals, guided by established legal principles.
Insurance Company remains liable for compensation despite the rider's lack of a valid driving license; compensation must account for future prospects and personal expenses.
The court upheld the Tribunal's findings on negligence, enhanced compensation to Rs.19,92,000, and clarified the assessment of loss of dependency and consortium for all dependents.
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