COURTS ARE EMPOWERED TO GRANT COMPENSATION BEYOND THE CLAIMED AMOUNT :TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 10 April, 2023 stating that Courts are empowered to grant compensation beyond the claimed amount. It was stated in the case of National Insurance Co Ltd. vs Bade Swaroopa, Medak (MACMA NOS.1477 OF 2015 & 2945 OF 2019) which was passed by the single judge bench comprising of Hon’ble Justice Namavarapu Rajeshwar Rao
FACTS OF THE CASE:
On 20.07.2011 the deceased, after completing his duty, was returning to Marpadaga Village on his bike and when he reached in front of Maithri Vanam near Sabitha Petrol bunk, the Crime Vehicle lorry was parked on the road without any indicators i.e. parking lights or radium stickers and due to the focus and strong lights from opposite coming vehicles, unable to see the crime vehicle, the deceased dashed the parked lorry from behind and due to that he received a severe head injury and died on the spot. The accident occurred due to negligence on the part of the driver of the crime vehicle as he failed to take precautions like indicators, parking lights etc. Hence, the petitioners filed the claim petition claiming compensation of Rs.9,00,000/- on account of the death of the deceased.
JUDGEMENT OF THE CASE
Enhancing the compensation with interest at the rate of 7.5% p.a. from the date of petition till the date of realization. The respondents shall deposit the same after giving due credit to the amount already deposited, if any, within a period of two months from the date of receipt of a copy of this judgment. Likewise, the petitioners are directed to pay the deficit Court fee within a period of (01) month from the date of receipt of a copy of this judgment. The compensation amount be apportioned among the petitioners in the same manner and ratio as ordered by the Tribunal.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.