UNITED INDIA INSURANCE COMPANY LTD Vs. P PEDDAKKA

JUDGEMENT

(1.) CMA No.968/88 is filed by the Insurance Company and CMA.No.20/89 is filed by the sole claimant against the Judgment in M.V.OP.No.273/87 dt. 10-5-88 on the file of the Motor Accidents Claims Tribunal-cum-Ist Addl. District Judge, Kurnool. The Insurance Compaly filed the CMA. alleging that the Insurance Company is not liable to pay any compensation as the deceased was only a gratuitous passenger and the risk to gratuitous passenger is not covered by the policy. CMA.No.20/89 is filed by the wife of the deceased contending that the amount granted by the Tribunal is not a reasonable compensation. The brief facts of the case are.

(2.) The lorry was engaged for carrying shell power bags. On the way the driver of the lorry accepted the claimant and her husband as passengers. The deceased and his wife also took along with them two bags of rice and some utensils in the lorry. It is stated that they also paid Rs.20/- to the driver. When the driver was taking a curve he lost control and the lorry turned turtle. In that accident the deceased and some other persons died. The lower court found that the accident occurred due to the rash and negligent driving by the driver of the lorry. It also found that the claimant and her husband were travelling as owner of the goods and hence the Insurance Company is liable to pay the compensation.

(3.) With regard to the rash and negligent driving the finding of the lower court is correct. With regard to the quantum of compensation granted this court feels that the claimant is entitled to Rs.36,000/- instead of Rs.30,000/-. If children and mother are there, then this court can grant more compensation But when there is only one claimant, the loss of dependency alone has to be worked out.