The court emphasized proper income assessment, entitlement to enhanced compensation due to loss of dependency, ensuring minor claimants receive appropriate financial support.

JUDGMENT :

VAKITI RAMAKRISHNA REDDY, J.

Aggrieved by the Award dated 27.01.2023 passed by the Motor Accidents Claims Tribunal-cum-X Additional Chief Judge at Hyderabad (for short, the Tribunal) in M.V.O.P.No.932 of 2015, the claimant filed the present Appeal seeking enhancement of the compensation awarded by the learned Tribunal.

2. For the sake of convenience, the parties hereinafter are referred as they were arrayed before the learned Tribunal.

I. BRIEF FACTS

3. The brief facts of the case are that the claim petitioners, who are husband, children and mother-in-law of SK. Thafi (hereinafter referred to as “the deceased”) filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 read with section 140(c) of A.P.M.V. Rules, 1989 seeking compensation of Rs.12,00,000/- for the death of the deceased i.e. SK. Thafi in a motor vehicle accident that occurred on 16.04.2015. As per the averments in the claim petition, on 16.04.2015 at about 10.00 AM the deceased along with her husband i.e., the claim petitioner No.1 by name Nagur Shafi, were proceeding towards Kothapet Rythubazar from L.B. Nagar on a motorcycle bearing registration No. AP-29-BV-9958. When they reached in front of L.B. Nagar Indoor Stadium at about 10.00 a.m., a Bolero vehicle bearing registration No. AP-29-TC-0550 proceeding in the same direction at high speed, in a rash and negligent manner, dashed the motorcycle from behind without observing traffic rules. Due to the said impact, the motorcycle fell on the road and deceased, who was a pillion rider, was dragged to a distance of 15 feet, sustaining abdomen broken injury, head injury and other blunt injuries all over her body. Her husband, the rider of the motorcycle, sustained simple injuries. After the accident, the deceased was shifted to Ozone hospital, Kothapet, Hyderabad for treatment, where the claim petitioner No.1, spent a sum of Rs.80,000/- towards treatment and medical expenses. However, the deceased succumbed to injuries the same day while undergoing treatment.

4. The Police L.B.Nagar registered a case in Crime No.465/15, for the offences under Sections 304 -A & 337 IPC . The deceased SK. Thafi was aged about 33 years at the time of accident, she was hale and healthy, young and energetic and not suffering from any ailments. Prior to accident, the deceased was working as a flower vendor earning Rs.12,000/- per month, contributing to the family. Due to her sudden death, the claim petitioners, who were totally dependent on the income of the deceased, became destitute. There are no other persons to look after them and to see their welfare and they lost their life guard and bread winner; their life was badly affected; the unmarried petitioners lost their future prospects including education and marriage; they lost their further income of Rs.20,000/- per month. After the said accident, the petitioner No.1 also developed chronic illness due to trauma. The petitioners incurred expenses towards transportation, post-mortem, cremation, obsequies and other incidental charges and sought a total compensation of Rs.12,00,000/-.

5. Respondent No.1 is the owner of the offending vehicle and the respondent No.2 is the insurer of the said offending vehicle i.e., bolero bearing No.AP-29-TC-0550, whereas, the respondent No.3 is the driver of the vehicle. Thus, it was claimed that all the three are jointly and severally liable to pay the compensation to the petitioners.

6. The respondent No.1 and 3 remained exparte before the Tribunal.

7. Respondent No.2 filed a coun