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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.M.MOHIUDDIN
S.K.Reshma – Appellant
Versus
Om Prakash – Respondent
| Table of Content |
|---|
| 1. claim for compensation due to death in a road accident. (Para 1 , 2 , 3 , 5) |
| 2. court's observations on evidence presented and rationale for compensation. (Para 8 , 10 , 12) |
| 3. the rationale for reconsidering quantum of compensation. (Para 14 , 19) |
| 4. principles applied for award of consortium and overall compensation. (Para 20 , 21 , 24) |
| 5. enhancement of compensation based on judicial reasoning. (Para 26) |
JUDGMENT :
1. Dissatisfied with the quantum of compensation awarded by the Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge at Karimnagar (hereinafter ‘‘Tribunal” for brevity) in M.V.O.P.No.474 of 2014 by the order and decree dated 09.07.2019, the petitioners have filed the present Appeal seeking enhancement of compensation.
3. The brief facts of the case as can be seen from the record are that the petitioners have filed claim petition claiming compensation of Rs.20,00,000/- (Rupees twenty lakhs only) from the respondent Nos.1, 2 and 3 for the death of one “Shaik Mahmud Pasha” (hereinafter ‘deceased’ for brevity). Petitioner No.1 is the wife of the deceased, petitioner Nos.2 and 3 are the daughters of the deceased and petitioner No.4 is the
Just compensation principles affirming fair, reasonable evaluations for victims' families in road accident cases, including future earnings and consortium considerations.
Compensation for death in motor vehicle accident must be based on established minimum wages, with future prospects considered, and consortium awarded to dependents.
Point of Law : A child, who has advanced into matured adulthood, is married or otherwise in the mainstream of life, would not be entitled to compensation under that head.
The family pension received by the wife of the deceased in a road traffic accident is not a "pecuniary advantage" and is not liable for deduction while determining the compensation under the provisio....
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