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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Narsing Rao Nandikonda
Cholamandalam M.S. General Insurance Co. Ltd – Appellant
Versus
Pathlavath Harya – Respondent
| Table of Content |
|---|
| 1. claim for compensation due to road accident. (Para 1 , 4 , 5 , 6) |
JUDGMENT :
This M.A.C.M.A. is filed by the appellant/Insurance Companyunder Section 173 of Motor Vehicles Act, 1988 (for short, ‘the Act, 1988’) against the order and decree, dated 29.08.2019,in M.V.O.P.No.20 of 2018 passed by learned I Additional Chief Judge, City Civil Court, Secunderabad, (hereinafter referred to as ‘the learned Tribunal’)wherein the learned Tribunal awarded compensation of Rs.9,91,060/- with interest @7.5% per annum to the claimants.
3. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the M.V.O.P.
5. On 14.11.2017 at about 07.30 PM, while the deceased was proceeding from Shadnagar towards Balyanayak Tanda on a Motorcycle bearing No.AP-28-DA-1697 and when he reached near Nagireddy Agricultural Land in the outskirts of Peddarevalli, respondent No.1, being the driver of tractor-cum-harvester bearing No.AP-22-AG-2674 drove the vehicle in a rash and negligent manner with high speed and dashed the deceased from wrong side. Due to which, the deceased sustained grievous injuries all over the body and died on the spot.
7. Respondent Nos.1 and 2
The court upheld the compensation granted by the learned Tribunal based on established criteria and determined no justification existed to alter the award.
The main legal point established in the judgment is the determination of compensation under Section 166 of the Motor Vehicles Act, including the assessment of the annual income of the deceased and th....
The assessment of compensation based on the deceased's income must reflect reality and be grounded in established law; the Tribunal's findings were upheld.
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