HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
M.A.C.M.A. No.1486 of 2009
JUDGMENT :
This appeal is filed by the Insurance Company aggrieved of the order and decree dated 15.02.2005 in O.P.No.168 of 2003 on the file of Motor Accident Claims Tribunal-cum-III Additional District Judge (FTC), Nalgonda.
2. On 24.12.2002 at 5.30 p.m., due to the rash and negligent driving of the Tractor bearing No.AP-24-E-9487 by its driver, it dashed against the deceased/minor, named Suresh, aged about 12 years, who sustained grievous injuries in the said accident and was shifted to Government hospital, Nalgonda and while undergoing treatment, succumbed to injuries.
3. The Tribunal, on examining the oral and documentary evidence on record, partly allowed the O.P., awarding a total compensation of Rs.2,25,000/- along with costs and interest @ 9% per annum from the date of petition till the date of realization. Aggrieved thereby, the appellants filed this appeal. 2
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4. Heard both sides and perused the record.
5. The learned Standing Counsel for the appellants contended that the decree of the Tribunal is contrary to law and weight of evidence; that the Tribunal has erred in awarding excess amount of compensation as the deceased is a student and is a non-earning member of the family. Accordingly, prayed for setting aside the impugned order in the O.P.
6. On the other hand, the learned counsel for respondents 1 and 2/Claimants contended that as per the Apex Court's judgments, the claimants are entitled for enhancement of compensation even in the appeal filed by the Insurance Company and prayed to enhance the amount, as the Tribunal has awarded only Rs.2,25,000/- for the death of the deceased/minor boy.
7. On a perusal of the material on record, the order and decree of the Tribunal, I am of the considered view that there are no valid grounds to interfere with the findings of the Tribunal. Further, in the recent judgment in the case of Kurvan Ansari @ Kurvan Ali 3 GAC, J MACMA.No.1486 of 2009 v. Shyam Kishore Murmu1, the Hon'ble Supreme Court held that even the non-earning members of the family, who are victims of the motor vehicle accidents, are entitled for compensation, and thus, in that case, awarded a total compensation of Rs.4,70,000/- for a 7 year old boy, who died in a motor vehicle accident.
8. In view of the law laid down by the Hon'ble Supreme Court in the above judgment, I am of the considered opinion that the compensation awarded by the Tribunal in the case on hand cannot be said to be excessive, and therefore, the claimants being the parents of deceased/boy, are entitled for a compensation of Rs.4,70,000/-.
9. Accordingly, the appeal is dismissed, granting the compensation of Rs.4,70,000/- with costs and interest @ 7.5% per annum from the date of filing of O.P. till the date of realization and the appellant shall deposit the same within a period of two months from the date of receipt of a copy of this judgment. After payment of deficit Court fee, the claimants, who are the parents of the 1 Civil Appeal No.6902 of 2021, dt.16.11.2021 4 GAC, J MACMA.No.1486 of 2009 deceased boy, are permitted to withdraw the said amount as the accident occurred in the year 2002.
Pending miscellaneous applications, if any, shall stand closed.
________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 28.11.2022 ajr