Eerla Ramadevi Vs V V Ravi Kumar Prakasam Dist Another and Others (Andhra Pradesh HC)
Andhra Pradesh High Court held that insurance company cannot object to the income of the deceased as deceased did business and earned income as apparent from TDS deducted. Accordingly, compensation enhanced.
Facts- The claimants are the wife and children of one Eerla Hari Babu. They had filed MVOP claiming compensation on account of the death of the deceased for a sum of Rs.1,00,00,000/-. It is their case that on 14.09.2007, while the deceased was proceeding in a car along with his friend V. V. Ravi Kumar from Cheemakurthi to Chennai. When they reached near Swarna Toll Plaza near Sullurpeta, the driver of the car in a rash and negligent manner dashed the toll way stop rod and dashed an ongoing lorry from its behind. As a result, the car turned turtle and both the deceased as well as his friend died on the spot. The dead bodies were shifted to Government Hospital, Sullurpet. A case in Crime was registered by the D. V. Satram Police Station. The deceased was aged 42 years at the time of accident and was earning Rs.86,000/- per month by transporting granite in his lorries.
