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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA
P.Nagalaxmi Pavani – Appellant
Versus
Sai Enterprises – Respondent
JUDGMENT :
TIRUMALA DEVI EADA, J.
The appellants – claimants filed M.A.C.M.A.No.197 of 2021 seeking enhancement of compensation, while M.A.C.M.A.No.688 of 2021 is filed by the Insurance Company, under Section 173 of the Motor Vehicles Act, 1988, aggrieved by the order and decree dated 02.03.2020 passed in M.V.O.P.No.1034 of 2014 by the Chairman, Motor Accidents Claims Tribunal – cum – X Additional Chief Judge, City Civil Courts, Hyderabad (for short “the Tribunal”), granting compensation of Rs.19,60,000/- against the claim of Rs.20,00,000/- for the death of one P.Bheemeshwar Goud (hereinafter referred to as 'the deceased') in the motor accident occurred on 16.05.2013.
2. For the sake of convenience and clarity, the parties herein are referred to as they were arrayed before the Tribunal.
3. The case of the petitioners before the Tribunal is that on 16.05.2013 at about 09.00 AM, the deceased was proceeding on the road by walk and when the deceased reached Kanakadurga temple, Dilsukhnagar, a Mahendra Bolero Van bearing No.AP28TB- 6770 driven by its driver at a high speed in a rash and negligent manner and dashed the deceased, as a result of which, the deceased fell down on the road and su
The court upheld the Tribunal's findings on negligence, enhanced compensation to Rs.19,92,000, and clarified the assessment of loss of dependency and consortium for all dependents.
Court increased compensation for death in motor vehicle accident, emphasizing the need to account for loss of dependency and consortium for all dependents.
The court reinforced the principle that just compensation must be awarded in accident cases, irrespective of whether claimants appeal, ensuring victims' families receive fair compensation for their l....
The court established that both drivers were negligent in a fatal accident, leading to an enhanced compensation of Rs.21,06,140 for the claimants.
Compensation in fatal accident cases must consider actual earnings, future prospects, and loss of consortium, ensuring just and fair compensation is awarded to the dependents of the deceased.
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