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IN THE HIGH COURT OF TELANGANA
TIRUMALA DEVI EADA
Shriram General Insurance Co. Ltd. – Appellant
Versus
S. Manikyamma – Respondent
| Table of Content |
|---|
| 1. introduction of appeal and parties involved (Para 1 , 2) |
| 2. factual background and claim for compensation (Para 3 , 4 , 5 , 6 , 7) |
| 3. issues framed for determination under the case. (Para 8) |
| 4. contestation and arguments by parties (Para 10 , 12 , 13) |
| 5. court's observations and determinations on negligence. (Para 14) |
| 6. court's analysis on accident and compensation (Para 15 , 16) |
| 7. final judgment and compensation award (Para 18) |
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
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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