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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUDDALA CHALAPATHI RAO
Bapare Sarojani – Appellant
Versus
Peddalodi Mahender – Respondent
ORDER :
Suddala Chalapathi Rao, J.
This MACMA is filed by the appellants/claimants challenging the Award, dt.22.10.2021, in MVOP.No.242 of 2018 passed by the Motor Accidents Claims Tribunal-cum-V Additional District & Sessions Judge Medak at Sangareddy, seeking enhancement of compensation from Rs.9,47,500/- to Rs.15,00,000/-, as sought for in the claim petition.
2. Heard Ms Nikita Goenka, learned counsel appearing for Sri R.Vinod Reddy, for the appellants, and Sri A.Ramakrishna Reddy, learned Standing Counsel appearing for the 2nd respondent-Insurance Company. None appeared for respondent No.1.
4. For the sake of convenience, the parties will hereinafter be referred to as arrayed before the Tribunal.
5. The brief facts of the case are that, the claimants being the wife, daughter, sons, and mother of the deceased- Bapare Babu Rao, filed a petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.15,00,000/- on account of the death of the deceased in a road accident that occurred on 20.06.2018.
6. On the fateful day, the deceased, along with his co-driver one Shiva Sharanaiah, had loaded steel pipes in a lorry bearing No.MH 25 B 9110 with Steel Pipes at Chegun
Compensation for death in an accident must be assessed based on a reasonable estimate of deceased's income and established legal standards for conventional damages, ensuring just compensation.
Court clarified income assessment for compensation based on dependency and correctly applied deductions for personal expenses, enhancing overall compensation in line with established legal precedents....
Compensation under Motor Vehicles Act requires proper assessment of income, application of future prospect increases, and accurate deductions based on dependents' status.
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