PINAPALA RAMU Vs. ANANDA LAKSHMI @ARUNA

JUDGEMENT

(1.) Claimants in M.O.P. No.390 of 2012 on the file of the Motor Accidents Claims Tribunal-cum-VII Additional District Judge(Fast Track Court), Visakhapatnam ('the Tribunal' for brevity), are the appellants in the present appeal, filed under Sec. 173 of the Motor Vehicles Act, 1988.

(2.) Claimant No.1 is the husband, claimant No.2 is the daughter, and claimant No.3 is the mother-in-law, of the deceased Smt. P.Nagamani. In a motor accident that occurred on 21/8/2010, the deceased lost her life. The claimants filed the above said claim petition under Sec. 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.5,00,000.00. The Tribunal, vide the order dtd. 22/3/2013, awarded compensation of Rs.2,24,000.00 to the claimants with interest @ 7.5% per annum from the date of petition till the date of deposit, with proportionate costs and interest. Seeking enhancement of the compensation, the present appeal has been filed.

(3.) It is submitted by the learned counsel for the appellants/claimants that the Tribunal grossly erred in not granting compensation as claimed by the claimants. It is also the submission of the learned counsel that the Tribunal ought to have assessed notional income of the deceased as per the judgments of the Hon'ble Apex Court in Arun Kumar Agrawal and another v. National Insurance Company Limited and others, (2010) 9 SCC 218 and Syed Sadiq and others v. Divisional Manager, United India Insurance Company Limited, (2014) 2 SCC 735 and ought to have granted compensation accordingly.