AP HC: Major children can independently claim compensation in motor accident cases

AP HC: Major children can independently claim compensation in motor accident cases

In a noteworthy legal development, the High Court of Andhra Pradesh in Amaravati has decided to raise the compensation granted to the claimants involved in a fatal car accident case.

On September 14, 2023, Justice V. Gopala Krishna Rao delivered the judgment, offering clarity regarding the rights of legal representatives in such instances.

This case centers on a tragic event that occurred on July 12, 2007, involving a reckless and negligent collision between a car and a lorry. Regrettably, this accident resulted in the loss of life for the deceased, her husband, and the car's driver. The claimants, acting as the legal representatives of the deceased, sought a higher compensation amount from the Motor Accident Claims Tribunal.

Justice V. Gopala Krishna Rao's judgment emphasized that legal representatives possess a valid entitlement to seek compensation, irrespective of their marital status. He articulated: “it must necessarily follow that even the major married and earning sons of the deceased being Legal Representatives have a right to apply for compensation.”

The judgment meticulously examined factors such as the income of the deceased, their dependency on her, and various expenses. Ultimately, the court determined that the claimants were eligible for an increased compensation amount of Rs. 1,56,000.

Respondents 2 and 3 have been instructed to submit 50% of the augmented compensation amount, while respondents 5 and 6 are required to deposit the remaining 50%.

The court noted that once these deposits are completed, the claimants are entitled to withdraw their portion of the increased compensation, along with any accrued interest.

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