The United India Insurance Company Limited, v. Avula Savithramma

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO MACMA No.2571 OF 2007 JUDGMENT:

The 2nd respondent-Insurer-appellant of the crime vehicle Tractor and Trailer bearing No.AP04 C 7750 and 7751 including owner and parents of the two claimants wife and minor son of the deceased by name Ramanjulu, aged about 38 years as per Ex.A.2 post mortem report and Ex.A.5 S.S.C. certificate, in M.V.O.P.No.67 of 2004 on the file of the learned Chairman of the Motor Accidents Claims Tribunal-cum-IV Addl. District Judge, Kadapa, (for short, 'Tribunal'), filed u/ s. 166 of the Motor Vehicle Act,1988 (for short, 'the Act'), for claim of Rs.17,00,000/ - (claim amended) for the death of the deceased caused due to rash and negligent driving of the driver of the crime vehicle supra, preferred the appeal impugning the award dated 02.08.2007 of the tribunal for fixing liability along with the owner of the vehicle granting compensation of Rs.8,82,140/ - with interest at 7.5%p.a. as excessive and exorbitant and also the tribunal gravely erred in taking the gross salary of deceased and multiplier adopted and multiplicand taken are unsustainable and thereby sought for reducing the compensation.

2. Whereas, it is the contention of the learned counsel for the claimants that the award of the tribunal holds good and there is nothing to interfere with the award of the tribunal by this Court while sitting in appeal, hence to dismiss the appeal.

3. Perused the material on record. Even taken the contention of the Insurer with regard to taking gross salary as earnings of the deceased by the tribunal, once the deceased was a salaried employee, the prospective increase on the net salary apart from the conventional sums

as per the expression of the Apex Court in Rajesh Vs. Rajbir Singh1, there is nothing to reduce the compensation in any way. 4.In the result, the appeal is dismissed. No costs. Consequently, pending miscellaneous petitions, if any, in this appeal, shall stand closed.

________________________ Dr. B. SIVA SANKARA RAO, J Date:31.08.2016 Vvr 1 (2013) ACJ 1403