ORIENTAL INSURANCE CO LTD Vs. T VENKATALAKSHMI

JUDGEMENT

(1.) M.F.A. No.1511/2010 is filed by the claimants, challenging the Judgment and Award, contending that the quantum of compensation awarded by the Tribunal is meagre and M.F.A. No.6384/2010 is filed by the Insurance Company, contending that deceased T.Narayanaswamy was a gratuitous passenger and the Tribunal has committed an error in fastening the liability on the Insurance Company in M.V.C. No.5348/2008, dated 13.11.2009.

(2.) The claimants have filed the claim petition before the Tribunal under Section 166 of the M.V. Act, claiming compensation of Rs.5,00,000/- for the death of T.Narayanaswamy, contending that on 11.06.2006 at about 5.30 p.m., deceased T.Narayanaswamy while proceeding as a loader on the DCM van bearing reg. No.AP-37/V-2123 loaded with vegetable bags towards Jadcherla side from Hyderabad side and at that time, the driver of the DCM van drove the same in rash and negligent manner and when the vehicle reached at GR Cable factory, Ranga Reddy Guda village on N.H. 7, Mehaboob Nagar District, the driver lost control over his vehicle due to high speed and dashed against a lorry bearing reg. No.AAD-8953. Due to which, the deceased sustained injuries and later succumbed to the injuries. The petitioners have contended that the deceased was a loader and earning Rs.150/- to Rs.200/- per day. In order to substantiate the claim, the claimants have examined the first claimant, who is the wife of the deceased as P.W.1 and got marked the documents Exs.P1 to 5. The respondents have also examined one witness as R.W.1.

(3.) Being aggrieved by the Judgment and Award of the Tribunal, the claimants have preferred this appeal contended that the compensation awarded by the Tribunal is on lower side and the counsel contends that the income of the deceased was taken only at Rs.3,000/- p.m. and also not considered the future prospects while considering the loss of dependency. The learned counsel also contends that the compensation awarded on other conventional heads is also very less and the same has to be enhanced.