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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA
Kora Koteshwaramma – Appellant
Versus
Tnirumala Vijaya – Respondent
JUDGMENT :
1. The appellants/claimants filed the present appeal against the Award and decree passed by the Chairman, Motor Accident Claims Tribunal-cum-XXVI Addl.Chief Judge, City Civil Court, Hyderabad (hereinafter referred to ‘learned Tribunal’) in M.V.O.P.No.112 of 2018, dated 30.11.2019, wherein claimants/petitioners had filed the claim petition, seeking compensation of Rs.22,00,000/- on account of death of 1st petitioner husband, namely Sri Sheshaiah, (herein after referred to as ‘the deceased’) who died in accident occurred on 10.11.2017.
2. The brief facts of the case are that appellants/claimants earlier filed M.V.O.P.No.112 of 2018 under Section 166 of the M.V.Act, 1988 seeking compensation for the death of the deceased, who died in the accident alleged to have caused due to rash and negligent manner of the lorry driver. It is contended that on 10.11.2017, the deceased was proceeding on his two wheeler TVS Xcel bearing No.AP-27-7498 and when he reached at the outskirts of Marichetlapalem Village, the driver of the Lorry bearing No.AP-27-X-1818 drive the vehicle in a rash and negligent manner with high speed came from rear side and dashed to the deceased motorcycle from backs
Compensation for loss of dependency must reflect realistic earnings and consider future prospects, necessitating a recalculation when initial assessments are inadequate.
The court emphasized the necessity of just compensation reflecting actual earnings and loss of dependency in motor accident claims.
Compensation for death in motor vehicle accidents must be fair and based on actual income and future prospects, not merely nominal figures.
Compensation for death in a motor vehicle accident must consider reasonable estimations of income and future prospects, following precedent statutes.
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