HON'BLE SMT. JUTICE LALITHA KANNEGANTI
M.A.C.M.A. No. 4538 OF 2008
O R D E R:
This is an Appeal preferred by the Insurance Company aggrieved by the Award dated 06.06.2006 in O.P.No. 892 of 2002 on the file of the Court of the Motor Accidents Claims Tribunal (District Judge) at Nizamabad.
2. In the very same accident, where son of the claimants died, the Tribunal awarded Rs.3,00,000/- with costs and interest at 7.5% per annum, against which the Insurance Company filed M.A.C.M.A.No. 4672 of 2008 questioning the quantum of compensation. This Court by order dated 14.02.2023 while dismissing the Appeal filed by the Insurance Company allowed the cross objections filed by the claimants and enhanced the compensation awarded from Rs.3,00,000/- to Rs.5,06,000/-. Though in this Appeal, no cross-objections are filed, as, in the similar circumstances, in respect of the boy who died in the very same accident, the compensation was enhanced to Rs.5,06,000/-, this Court is inclined to grant the very same amount to the claimants in respect of their daughter. The claimants are therefore, eligible for the compensation as under:
Head Compensation awarded
(1) Loss of dependency Rs.3,75,000/- (25,000 x 15)
(2) Funeral Expenses & loss of estate Rs.33,000/-
2
(3) Loss of filial consortium Rs.88,000 for 1st & 2nd
appellants
(4) Legal expenses Rs.10,000/-
(5) Total compensation awarded Rs.5,06,000/-
3. The Appeal of the Insurance Company is therefore, dismissed. The compensation awarded by the Tribunal is enhanced from Rs.3,00,000/- to Rs.5,06,000/-. The enhanced amount shall carry interest at 7.5% per annum from the date of petition till the date of realisation. The claimants shall pay the court fee on the enhanced amount of compensation. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit, the claimants are entitled to withdraw the entire amount without furnishing the security.
4. The Miscellaneous Applications, if any shall stand automatically closed.
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LALITHA KANNEGANTI, J 17th February 2023 ksld 3 4