Uppari Govindamma v. Md.Hussain

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL MISCELLANEOUS APPEAL No.2636 of 2004 JUDGMENT:

This appeal is preferred by the injured who is the claimant in M.V.O.P.No.331 of 2001 on the file of the Motor Vehicles Accidents Claims Tribunal-cum-II Additional District Judge, Kurnool (for short, Tribunal).

2.

The appellant filed the said MVOP claiming a compensation of Rs.2,03,600/- for the death of one Uppari Hanumanthu, who is the husband of first appellant, father of appellants 2 and 3 and son of fourth appellant, in a motor accident that occurred on 11.11.1999. It was alleged in the said MVOP that on 11.11.1999 at about 11.00 pm., the deceased went to hotel of one G.Pulla Reddy, situated at Yerravalli Cross Roads. When he was there, the driver of auto bearing No.AP22T 7254 requested him to push the auto and while he was pushing the auto, the driver of the auto drove it in a high speed, for which, he fell down and died on the spot. At the time of accident, he was aged about 24 years and was working as night watchman in a petrol bunk and getting Rs.1,000/- per month. The owner of the auto remained ex parte and the case was contested by the insurance company.

3. On the basis of the pleadings, the Tribunal framed the following issues:

"1. Whether the accident occurred due to rash or negligent driving of the Auto bearing No.AP22T resulting in the death of Uppari Hanumanthu?

2 .

Whether the petitioners are entitled for compensation and if so, to what amount from which of the respondents?

3. To what relief?"

4.

On behalf of the appellants, P.Ws.1 and 2 were examined and

Exs.A.1 to A.3 were marked. On before of the insurance company, R.W.1 was examined and Exs.B.1 and B.2 were marked.

5. The Tribunal, on the basis of the oral and documentary evidence, held that the accident occurred due to rash and negligent driving of the driver of the auto bearing No.AP22T 7254.

6. With regard to compensation, the Tribunal awarded an amount of Rs.1,70,000/- towards loss of dependency, Rs.2,000/- towards funeral expenses, Rs.3,000/- towards loss of estate and Rs.5,000/- towards loss of consortium. In all, the Tribunal awarded an amount of Rs.1,80,000/- by its award dated 20.06.2003. Seeking enhancement of the said compensation, the present appeal is filed.

7.

The learned counsel for appellants submits that the amount awarded towards funeral expenses and loss of consortium are grossly low.

8.

Keeping the facts and circumstances into consideration, the funeral expenses are enhanced from Rs.2,000/- to Rs.5,000/- and the loss of consortium is enhanced from Rs.5,000/- to Rs.25,000/-. The other amounts towards loss of dependency and loss of estate are retained.

9.

Hence, the Award of the Tribunal dated 20.06.2003 in M.V.O.P.No.331 of 2001 is modified by awarding an amount of Rs.2,03,000/-. The enhanced amount of compensation shall carry interest @ 9% per annum from the date of petition till the date of realization.

10.

The appeal is, accordingly, allowed. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. ______________________________ A.RAMALINGESWARA RAO, J Date: 09.02.2016 TJMR