The United India Insurance ... vs Nagati Venkatamma
2022 Latest Caselaw 6189 Tel

     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.

GAC, J MACMA.No.1486 of 2009

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

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

Civil Appeal No.6902 of 2021, dt.16.11.2021

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

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