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Showing posts with label AP AND TELANGANA HIGH COURT - MOTOR ACCIDENT CLAIM. Show all posts
Showing posts with label AP AND TELANGANA HIGH COURT - MOTOR ACCIDENT CLAIM. Show all posts
Wednesday, October 18, 2017

AP AND TELANGANA HIGH COURT - MOTOR ACCIDENT CLAIM = The Tribunal, on consideration of the evidence and material available on record, granted compensation of Rs.5,56,000/- as against the claim of Rs.11,00,000/- with interest @ 9% per annum from the date of the petition till the date of deposit of the amount in the Court and apportioned the same among the petitioners. -The only dispute is with regard to the quantum of compensation. While the petitioners sought for enhancement of compensation, the respondents Corporation contends that the compensation awarded by the Tribunal is highly excessive and exorbitant. On consideration of the order passed by the Tribunal, it does not appear that the compensation awarded by the Tribunal is highly excessive or exorbitant, except the rate of interest granted @ 9% per annum ;since the rate of interest appears to be on higher side, following the decision of the Apex Court in DHARAMPAL AND OTHERS Vs. U.P. STATE ROAD TRANSPORT CORPORATION , this Court feels it appropriate to award interest @ 7.5% per annum from the date of petition till the date of deposit of the amount. = the appeal filed by the respondents Corporation is partly allowed by reducing the rate of interest from 9% to 7.5% per annum from the date of petition till the date of deposit of the compensation amount.

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http://judis.nic.in/HCS/list_new2.asp?FileName=14374&Table_Main_Txt=apordtext HONBLE SRI JUSTICE GUDISEVA SHYAM PRASAD M.A.C.M.A.Nos....

AP AND TELANGANA HIGH COURT - MOTOR ACCIDENT CLAIM= Disability Certificate was issued 2 years 2 months after the accident is not a factor to discard/disbelief - entitled to compensation for 50% disability cannot be countenanced in view of the finding of the Tribunal that the Disability Certificate was issued 2 years 2 months after the accident. However, the appellant is entitled for enhancement of compensation towards the injuries suffered by him - Thus the compensation awarded by the Tribunal under various heads is enhanced as mentioned below: --------------------------------------------------------------------------- Compensation towards Amount awarded Amount awarded by the Tribunal by this Court Rs. Rs. --------------------------------------------------------------------------- 1. Injuries 20,000.00 40,000.00 2. Pain & suffering 5,000.00 25,000.00 3. Medical & extra-nourishment 2,768.00 5,000.00 4. Transport expenses 500.00 1,000.00 5. Damage to clothing 500.00 500.00 ------------- ------------ Rounded off total : 29,000.00 71,500.00 ------------- ------------ 11. In the result, the Civil Miscellaneous Appeal is allowed in part, enhancing the amount of compensation awarded by the Tribunal from Rs.29,000/- to Rs.71,500/- (Rupees seventy one thousand five hundred only) with interest @ 9% per annum from the date of petition till the date of realization. The respondents-Corporation is directed to deposit the compensation amount within one month from the date of receipt of a copy of the judgment. On such deposit, the appellant is permitted to withdraw the entire amount of compensation. No order as to costs.

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http://judis.nic.in/HCS/list_new2.asp?FileName=14373&Table_Main_Txt=apordtext HONBLE SRI JUSTICE GUDISEVA SHYAM PRASAD M.A.C.M.A.No.6...

AP AND TELANGANA HIGH COURT - MOTOR ACCIDENT CLAIM = Since the petitioner sustained grievous injury i.e., left femur, he might have bed ridden for a longer period. It is pertinent to note that the appellant is working as a private Typist and he has suffered a grievous injury to his left femur. Therefore, the compensation of Rs.5,000/- awarded by the Tribunal towards pain and suffering is enhanced to Rs.30,000/-. Further, the Tribunal has not assigned any reasons for not considering the bunch of Medical Bills worth Rs.39,000/- filed by the appellant, except stating that the Medical Officer was not examined. The reasoning assigned by the Tribunal in awarding Rs.21,000/- as against the Medical Bills of worth Rs.39,000/- appears to be arbitrary. I do not see any valid reason in disallowing the said Medical Bills, for the reason that even as per the finding of the Tribunal, the appellant had received a grievous injury to his left femur and was bed-ridden for about six months. Therefore, the Medical Bills worth Rs.39,000/- is granted. 9. Further, the Tribunal has taken into consideration the notional income of the appellant as Rs.1,500/- per month, which appears to be on lower side. Therefore, the same is enhanced to Rs.3,000/- per month and for 6 months, it comes to Rs.18,000/- towards loss of earnings. 10. Thus the compensation awarded by the Tribunal under various heads is now enhanced as mentioned below: --------------------------------------------------------------------------- Compensation towards Amount awarded Amount awarded by the Tribunal by this Court Rs. Rs. --------------------------------------------------------------------------- 1. Pain and suffering 5,000.00 30,000.00 2. Medical Bills 21,000.00 39,000.00 3. Loss of earnings for 9,000.00 18,000.00 six months ------------- ------------ TOTAL : 35,000.00 87,000.00 ------------- ------------ 11. In the result, the Civil Miscellaneous Appeal is allowed in part, enhancing the amount of compensation from Rs.35,000/- to Rs.87,000/- (Rupees eighty seven thousand only) with proportionate costs and interest @ 9% per annum on the enhanced amount also from the date of petition till the date of realization. Respondent Nos.1 and 2 are jointly and severally held liable to pay compensation and they are directed to deposit the compensation amount within one month from the date of receipt of a copy of this judgment. On such deposit, the appellant is permitted to withdraw the entire amount of compensation. No order as to costs.

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http://judis.nic.in/HCS/list_new2.asp?FileName=14377&Table_Main_Txt=apordtext HONBLE SRI JUSTICE GUDISEVA SHYAM PRASAD M.A.C.M.A.No.2...

AP AND TELANGANA HIGH COURT - MOTOR ACCIDENT CLAIM - In the instant case, there is also a dispute with regard to the age of the deceased. Though the learned counsel for the appellants contends that the age of the deceased was 27 years, the appellants have not produced any proof in that regard, therefore, the Tribunal has taken the age of the deceased as 35 years notionally basing on the age of his children.= the appropriate multiplier for the age group of the deceased at 35 years is 16. If the income of the deceased is taken as Rs.2,500/- per month, after deducting 1/5th towards personal expenses of the deceased, the contribution to the family will come to Rs.2,000/- per month and Rs.24,000/- per annum. If the same is multiplied by the appropriate multiplier 16, it comes to Rs.3,84,000/-. Therefore, the appellants are entitled for a sum of Rs.3,84,000/- towards loss of dependency. Besides the same, the Tribunal has awarded non-pecuniary damages of Rs.15,000/- and if the same is added, it comes to Rs.3,99,000/-.

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http://judis.nic.in/HCS/list_new2.asp?FileName=14378&Table_Main_Txt=apordtext HONBLE SRI JUSTICE GUDISEVA SHYAM PRASAD M.A.C.M.A.No.2...