O.P No. 110 of 2003 · Andhra Pradesh High Court

Being aggrieved by the judgment dated 31.01.2007 passed in O.P.No.110 of 2003 on the file of the Motor Accidents Claims Tribunal- District Judge, Nizamabad, the present appeal is filed. The appellants herein are the petitioners in the Tribunal below, who are the legal representatives of the deceased, Shakamuri Prasad, who died in a motor vehicle accident on 15.08.2002. Admittedly, the deceased succumbed to death while undergoing treatment in the Nizams Institute of Medical Sciences, Hyderabad, on 16.08.2002. The Tribunal below, while assessing the evidence on record, granted total compensation of Rs.4,04,000/- against the claim of Rs.6,00,000/-. Aggrieved by the same the present appeal is filed mainly on the ground the Tribunal below has only granted meager compensation and the Tribunal below failed to grant compensation towards loss of estate. The factum of accident is not disputed. A perusal of the judgment of the Tribunal below shows that the deceased was aged about 37 years and was a milk vendor besides being an agriculturist. The annual income of the deceased arrived at by the Tribunal below was Rs.3,000/- and while applying multiplier, it granted compensation of Rs.3,84,000/-. As seen from the impugned order, the Tribunal below failed to grant any amount of compensation towards loss of estate. Therefore, granting of compensation towards loss of estate to the claimants is just and reasonable. Accordingly, a sum of Rs.10,000/- is granted towards loss of estate. It is also admitted by the Insurance Company in its counter that the deceased succumbed to injuries in the hospital while undergoing treatment. As seen from the record, the Insurance Company did not file any petition under Section 170 of the Motor Vehicles Act, 1988. Though there is no evidence adduced on that score on behalf of the petitioners, in view of the admission of the Insurance Company that the deceased underwent treatment after the accident, granting Rs.5,000/- towards expenses for treatment is just and reasonable. Accordingly, the said amount is granted. In total, an amount of Rs.15,000/- is enhanced to the compensation awarded by the Tribunal below. The MACMA is partly allowed by awarding total compensation of Rs.4,19,000/- {Rupees lakh nineteen thousand only} {Rs.4,04,000/- + 15,000}. No costs. _______________ (K.S.APPA RAO, J) 10th June 2011 RRB