GUDDI Vs. MOHAN SHARMA

JUDGEMENT

(1.) An Appeal under Sec. 173 of the Motor Vehicles Act, 1973 has been filed by the Claimants to seek enhancement of compensation granted in the sum of Rs.7,49,000.00 along with interest @9% per annum, vide the impugned Award dtd. 24/12/2018 on account of demise of Shri Suresh Kumar on 4/10/2011, on account of the injuries suffered by him in a road accident on 27/7/2008.

(2.) Learned counsel on behalf of the Claimants has submitted that initially Late Shri Suresh Kumar had filed a Claim Petition No.743/2008 under Sec. 166/140 of the Motor Vehicles Act for compensation for the injuries suffered by him, which was allowed vide Award dtd. 20/3/2012 and a compensation of Rs.18,05,141.00 on account of the injuries suffered by him in the accident, was granted.

(3.) An Appeal against the said Award was preferred by the Insurance Company since the injured had already died at the time of the Award, which factor had not been taken into consideration while passing the Award. The matter was remanded back vide Order dtd. 2/2/2016 to learned MACT for fresh adjudication of the compensation on account of the death of the injured on 4/10/2011.