Appeal against Motor Accidents Claims Tribunal award. Court enhanced compensation from Rs. 6,00,000 to Rs. 10,30,000 based on multiplier 15 and 1/4 deduction for dependants, confirming interest at 7.5% p.a.
Compensation enhanced from Rs. 6,00,000 to Rs. 10,30,000; interest at 7.5% p.a. confirmed.
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HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO
MACMA No.731 OF 2008
JUDGMENT:
The claimants 4 in number no other than the wife, minor children and parents of the deceased Gangireddy Srinatha Reddy aged about 38 years as per Ex.A.7 pan card saying date of birth of 10.08.1965 maintained the claim under Section166 of the Motor Vehicle Act,1988 (for short, ‘the Act’) in O.P.No.277 of 2003 on the file of the learned Chairman of the Motor Accidents Claims Tribunal–cum-I Addl. District Judge, Anantapur ( for short, ‘Tribunal’) , for compensation of Rs.10,00,000/ - against the owner and Insurer of the tipper bearing No.AP02 U 2986 and so called driver of the tipper bearing No.AP 02 U 2986 and from the respondents 1,3 and 4 remained exparte but for contested by the 2nd respondent-Insurer and from the evidence on record, the tribunal awarded compensation of Rs.6,00,000/ - with interest at 7.5%p.a. by fixing liability on respondents 1,3 and 4 vide award dated 12.12.2007. Impugning the said quantum as utterly low the claimants maintained the appeal with the contentions in the grounds of appeal that the tribunal should have taken correct multiplier and should have taken 1/ 4th deduction in stead of 1/ 3rd towards personal expenses and hence to allow the appeal by awarding just compensation.
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1 2009 ACJ 1298
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of the AP Motor Vehicle Rules, otherwise they are not entitled to withdraw, however confirming the rate of interest at 7.5% p.a. from the date of petition till realization. In other respects, the award of the tribunal holds good. No costs. Consequently, pending miscellaneous petitions, if any, in this appeal, shall stand closed.
_______________________ Dr. B. SIVA SANKARA RAO, J
Date: 22.09.2016 Vvr
2 issues framed by the court
Whether the compensation awarded by the Tribunal was arbitrary and needed enhancement.
Whether the correct multiplier and deduction for personal expenses should be applied.
Colour shows how this judgement treated each authority
Sarla Varma v. Delhi Transport CorporationApplied¶9
Sarla Varma v. Delhi Transport Corporation
2 provisions across 2 enactments
Gangireddy Srinatha Reddy's Wife and Minor Children and Parents
Owner and Insurer of Tipper No.AP02 U 2986
Motor Accidents Claims Tribunal
Dr. B. SIVA SANKARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
