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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P. SAM KOSHY, N. TUKARAMJI
National Insurance Co. Ltd., Hyderabad – Appellant
Versus
Yerramshetti Manjushree @ Manju – Respondent
| Table of Content |
|---|
| 1. background of the accident and claims (Para 1) |
| 2. contested issues of negligence and compensation claims (Para 5 , 6 , 7) |
| 3. court's assessment of evidence and compensation calculation (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. final orders and modifications of the tribunal's decision (Para 15 , 16) |
JUDGMENT :
N. Tukaramji, J.
The M.A.C.M.A.No.282 of 2021 has been preferred by the respondent No.3/insurer, M.A.C.M.A.No.419 of 2022 has been filed by the petitioner Nos.3 and 4/parents of the deceased and M.A.C.M.A.No.518 of 2022 has been filed by the petitioner Nos.1 and 2/wife and minor son of the deceased against the decree and order dated 24.07.2019 in O.P.No. 173 of 2013 on the file of the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Nalgonda at Suryapet.
2. We have heard Mr. C.M. Prakash, learned counsel for the petitioners in M.A.C.M.A.No.518 of 202, Mr. S.Ganesh, learned counsel for the petitioners in M.A.C.M.a.No.419 of 2022 and Mr. N. Mohan Krishna, learned counsel for the respondent No.3/insurer.
3. For the sake of facility, the parties are hereinafter referred to with their status before the tribunal.
4(a) The case of the petitioner Nos.1 to 4 (
Court recognizes the necessity of considering all dependants in compensation assessments and clarifies that failure to wear a helmet alone does not constitute contributory negligence.
Notional income upheld at Rs.16,000/- for deceased; no contributory negligence deduction without evidence.
Insurer's contributory negligence plea rejected absent evidence; Tribunal's compensation calculation upheld as just and reasoned.
Notional income of Rs.15,000/- reasonable for 2019 accident without proof; Tribunal's compensation upheld.
Contributory negligence cannot be based solely on police record and must be supported by meticulous consideration of pleadings and evidence. The notional income of the deceased should be assessed as ....
The court affirmed the Tribunal's decision on contributory negligence and confirmed the compensation awarded for the loss of life, applying proper legal standards regarding income assessment and futu....
The court established that compensation must be just and reasonable, fixing the notional income of the deceased at Rs.8000/- and modifying the total compensation to Rs.12,54,100/-.
The main legal point established in the judgment is the application of legal principles in determining the compensation amount in a motor vehicle accident case.
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