LI Network
Published on: October 7, 2023 at 09:48 IST
The High Court of Andhra Pradesh in Amaravati has revised the compensation awarded to claimants in a tragic car accident case.
Justice V. Gopala Krishna Rao, in a judgment issued on September 14, 2023, presided over the case and provided clarity regarding the rights of legal representatives in such instances.
The case centers around a tragic incident that occurred on July 12, 2007, involving a reckless and negligent collision between a car and a lorry. This accident resulted in the loss of lives of the deceased, her husband, and the car’s driver. The claimants, who represent the deceased in a legal capacity, sought an increase in the compensation previously awarded by the Motor Accident Claims Tribunal.
Justice V. Gopala Krishna Rao’s judgment emphasized that legal representatives possess a legitimate right to apply for compensation, irrespective of their marital status. He explicitly stated, “It must necessarily follow that even major married and employed sons of the deceased, being Legal Representatives, have a right to apply for compensation.”
The judgment thoroughly examined various factors, including the deceased’s income, dependency, and incurred expenses. The court ultimately determined that the claimants were entitled to an enhanced compensation amounting to Rs. 1,56,000.
Furthermore, the court directed respondents 2 and 3 to deposit 50% of the increased compensation, while respondents 5 and 6 were instructed to deposit the remaining 50%. Once these deposits are completed, the claimants will be able to withdraw their respective portions of the augmented compensation, along with any accrued interest.
