NEW INDIA ASSURANCE COMPANY LIMITED Vs. D NEELA

JUDGEMENT

(1.) The Insurance Company which suffered an award for a sum of Rs.3,60,35,088/- as compensation for the death of one L.S.Kumar in a motor accident that occurred on 08.01.2010 is the appellant. The 1st respondent/wife of the deceased Kumar has filed the cross-objection seeking enhancement.

(2.) According to the claimant, who is the wife of the deceased, on 08.01.2010 at about 4.00 a.m. when the deceased along with his two friends were travelling the car bearing Registration No. KA 24/N 234, as passengers, the lorry bearing Registration No. KL 12/ 4725, owned by the 3rd respondent and driven by the 2nd respondent in a rash and negligent manner came in the opposite direction and dashed against the car. As a result of the impact, the husband of the claimant/1st respondent suffered grievous injuries and died on the spot. The deceased who was aged about 34 years at the time of the accident was employed in the United States as a Net Work Engineer and he was earning about 63,987 US dollars per annum. Contending that the deceased had very bright future prospects and would have earned much more, but for his untimely death in the road accident, the claimant/1st respondent sought for a sum of Rs.5,15,00,000/- towards compensation.

(3.) The Insurance Company resisted the Claim Petition contending that the accident occurred due to the rash and negligent driving of the car and the driver of the car was not possessed of a valid driving licence. It was also contended that the Educational qualifications and the income of the deceased had been exaggerated with a view to claim higher compensation.