Telangana High Court
Vankudothu Chittemma, Nalgonda Dist. vs The Dist. Collector, Nalgonda, And Ano. on 18 June, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A.Nos.5112 OF 2008
JUDGMENT:
This appeal is filed by the claimant questioning the order passed by the Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, Nalgonda (for short 'the Tribunal'), in O.P.No.289 of 2007, dated 11.07.2008, whereby the Tribunal has granted an amount of Rs.1,00,000/- as against the claim of Rs.2,50,000/- for death of the deceased in a motor vehicle accident.
2. Heard learned counsel for the appellant and learned Government Pleader for Arbitration. Perused the record.
3. The manner in which the accident had taken place is not disputed.
4. Appellant/claimant is the mother of the deceased- Hanumanthu. On 14.02.2004 at about 9.30 a.m. while her son was crossing the road near Vinjamooru X-roads, in the meanwhile a Tempo Trax bearing No.AP-09-AS-9828 driven by its driver in a rash and negligent manner with high speed, dashed her son, as a result of which her son sustained KS,J MACMA_5112_2008 2 grievous injuries and died on the spot. Respondent Nos.1 and 2 being the owners of the crime vehicle are jointly and severally liable to pay the compensation to the appellant.
5. Respondents denied the accident and involvement of the vehicle bearing No.AP-09-AS-9828 and further stated that the accident occurred due to negligence on the part of the deceased while crossing the road.
6. As the deceased was a 9 year old boy, this Court deems it appropriate to apply the principle laid down by the Hon'ble Apex Court in Meena Devi v. Nunu Chand Mahto 1, wherein it had granted consolidated compensation of Rs.5,00,000/- in case of infants. In view of the same, the compensation is enhanced from Rs.1,00,000/- to Rs.5,00,000/-.
7. In the result, the appeal is allowed enhancing the compensation amount awarded by the Tribunal from Rs.1,00,000/- to Rs.5,00,000/-. The enhanced amount shall be deposited by the respondents jointly and severally within a period of two (2) months from the date of receipt of a copy of this judgment. The enhanced 1 (2023) 1 SCC 204 KS,J MACMA_5112_2008 3 compensation amount shall carry interest @ 7.5% per annum from the date of claim petition till realization. The claimant is entitled to the apportionment of the amount as directed by the Tribunal. On such deposit, the claimant is permitted to withdraw the amount without furnishing any security. However, the claimant is directed to deposit the deficit Court fee on the enhanced amount. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.
__________________ K.SURENDER, J Date: 18.06.2024 PRN/SSY