D. SHANMUKHA SUNDARAMMA versus D. SUNEETHA AND ORS.

D. SHANMUKHA SUNDARAMMA versus D. SUNEETHA AND ORS.

Given the age and dependency factors, it is appropriate to grant Rs.1,25,000 to the mother and the balance to the widow as claimant.

Parties
Appellant: D. Shanmukha Sundaramma; Respondent No.1 (widow of Deceased): D. Suneetha; Respondent (owner of Offending Vehicle): E. Lokanadham Naidu; Respondent (insurer): United India Insurance Company Ltd.
Jurisdiction
India
Judgment Date
09 February 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal partly allowed
Legal Topics
Apportionment of Compensation, Death Due to Accident

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Parties

D. Shanmukha Sundaramma

Appellant

D. Suneetha

Respondent No.1 (widow of Deceased)

E. Lokanadham Naidu

Respondent (owner of Offending Vehicle)

United India Insurance Company Ltd.

Respondent (insurer)

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

  1. 1 What amount of compensation is the mother of the deceased entitled to from the claim arising out of the vehicular accident?

Ratio Decidendi

Given the age and dependency factors, it is appropriate to grant Rs.1,25,000 to the mother and the balance to the widow as claimant.

Court Disposition

Appeal partly allowed

Orders

  • Appellant (mother) to be paid Rs.1,25,000/-; balance compensation to be paid to the widow (claimant-wife).
  • No order as to costs.