An appeal to the High Court against the Motor Accident Claims Tribunal's award of compensation for the death of a 17-year-old. The respondent insurer argued the compensation was fair; the Court found the appeal devoid of merit and dismissed it.
Appeal dismissed; judgment dated 29.08.2006 confirmed.
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THE HON’BLE DR. JUSTICE SHAMEEM AKTHER
M.A.C.M.A.No.2555 OF 2006
JUDGMENT :
This appeal is filed by the appellants-claimants under Section 173 of the M.V. Act, aggrieved by the judgment, dated 29.08.2006, in M.V.O.P.No.844 of 1999, passed by the Motor Accident Claims Tribunal-cum-I Addl. District Judge, Guntur, for enhancement of compensation.
2
Tribunal granted Rs.5,000/towards transportation charges and funeral expenses and Rs.20,000/- towards loss of love and affection. In all, the Tribunal granted Rs.1,75,000/-. The accidental death in this case pertains to February, 1999. The capability of earning capacity etc., is the prime consideration for grant of compensation in the instant case. In those days, the daily wages and capability is less. Therefore, taking the notional income of the deceased as Rs.15,000/-per annum, the Tribunal granted the above mentioned compensation. There is nothing to take a different view. The appeal is devoid of merit and is liable to be dismissed.
__________________________ DR.SHAMEEM AKTHER, J
DATED: 19-06-2018 Hsd
2 issues framed by the court
Whether to enhance the death compensation awarded to claimants from the Tribunal.
Whether the compensation of Rs. 1,75,000/- granted by the Tribunal was just and reasonable.
1 provisions across 1 enactments
Appellants-claimants
Respondent-Insurance Company
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
