Bengaluru: The high court modified a tribunal’s award and granted enhanced compensation of around Rs 25 lakh to the family of a driver who died in Tirupati district of Andhra Pradesh in Aug 2022. His car hit a tractor parked in the middle of the national highway near Empedu Eswaraiah Colony, Srikalahasthi Mandal.On Feb 6, 2024, the Motor Accident Claims Tribunal in Bengaluru awarded Rs 18.1 lakh to the family of P Ramesh, stating the deceased contributed 40% to the accident through his negligence. His family challenged the verdict, seeking Rs 40 lakh compensation.After perusing the materials on record, Justice P Sree Sudha noted the accident occurred on Aug 21, 2022 at 12.30am, and the tractor was parked in the middle of the road without any indicators or signals.“As per road regulations, parking of trucks on national highway is prohibited. The accident occurred at 12.30am, and it was stated that P Ramesh was not able to see the parked vehicle. As such, he dashed into it. Therefore, negligence was on the part of the tractor driver who parked in the middle of the road, and not Ramesh, who was driving the car. The contributory negligence fixed at 40% was done without proper appreciation of the facts and has been set aside,” the judge observed in her order.Justice Sree Sudha noted that although the claimants submitted that Ramesh was 36 years old and earned Rs 25,000 per month, no income proof to that effect was submitted.Based on the notional income chart of Karnataka State Legal Services Authority, Ramesh’s income was determined as Rs 15,500 per month, and a compensation amount of Rs 24,93,000 with 6% interest was awarded to his family.
