Appeals were heard regarding joint liability of APSRTC and an insurer for death compensation and adequacy of damages. The court modified the award based on future income calculations and directed joint liability.
Compensation revised to Rs. 7,11,000; insurer and APSRTC jointly liable; costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SMT JUSTI CE T. RAJANI
MACMA.Nos.8 6 1 an d 2 5 of 2 0 1 3
COMMON JUDGMENT:
MACMA.No.8 6 1 of 2 0 1 3 :
This appeal is preferred by the appellants/ APSRTC, who are the respondents before the Court below, assailing the judgment of the III Additional Chief Judge, City Civil Court, Hyderabad in OP.No.796 of 2009 dated 06.07.2012 on the ground that the Court below fixed the liability only on APSRTC.
The civil miscellaneous appeal is allowed in part.
MAMCA.No.2 5 of 2 0 1 3 :
1 2015 96) ALD 166 (SC)
2
2009 dated 06.07.2012 on the grounds that the income taken by the Court below is not adequate and it did not consider the evidence of P.W.3, that the deceased was paid Rs.5,000/ - per month.
2 (2009) 6 SCC 121
3
Rs.15,000/ - = Rs.7,10,400/ -, which is rounded off to Rs.7,11,000/ -. Though the compensation exceeds the claimed amount, now the law is well settled by virtue of the decision of the Supreme Court in RAJESH v . RAJBI R SI NGH3 , wherein it was held that the compensation has to be just and it can exceed the claimed amount. This Court also in ADAM I NDUR MUTEMMA v . RATHOD PEDDI TA4 held that the compensation amount can exceed claimed amount, subject to payment of court-fee.
The civil miscellaneous appeals are allowed in part. As a sequel, the miscellaneous applications, if any pending, shall stand closed.
__________ T. RAJANI, J
December 14, 2017 DSK
3 (2013) 9 SCC 54
4 2015(4) ALD 585 (LB)
3 issues framed by the court
Whether the primary owner and insurer are jointly and severally liable for death compensation.
Whether the lower court erred in not considering future hike in the deceased's income.
Whether the compensation awarded can exceed the claimed amount.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
APSRTC
INSURANCE COMPANY
CLAIMANTS
DECEASED'S REPRESENTATIVES
T. RAJANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
