The New India Assurance Company ... vs Akthar Bai
2023 Latest Caselaw 824 Tel

         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/-





     (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