Vankudothu Chittemma, Nalgonda Dist. vs The Dist. Collector, Nalgonda, And Ano.
2024 Latest Caselaw 2278 Tel

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

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

(2023) 1 SCC 204 KS,J MACMA_5112_2008

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