NEW INDIA ASSURANCE CO LTD Vs. SHAIK ASHABI

JUDGEMENT

(1.) INSURANCE company being dissatisfied with the award of the Motor Accidents Claims Tribunal, Guntur, has filed this appeal.

(2.) THE claim was made on the ground that the driver of the lorry bearing registration No. APK 5373 drove the vehicle rashly and negligently which ultimately resulted in the death of one Shaik Habib, an unmarried boy aged about 19 years. The claimants are mother and younger minor brothers. The court came to the conclusion on the basis of the evidence that the vehicle was driven rashly and negligently and awarded a sum of Rs. 27,500/- with 10 per cent interest. Being aggrieved by the award, the insurance company filed this appeal. The cross-objections also have been filed.

(3.) SO far as the rash and negligent act of the driver is concerned, this court feels on a perusal of the evidence that the finding is correct. It does not warrant any interference. Even the quantum of compensation that has been awarded in the case of the death of a young boy aged about 19 years leaving behind him his mother and two dependants, that means, in all three dependants it cannot be said that it is on the high side. If it is an abnormal amount and not a reasonable amount, this court can interfere. But, taking the loss to the dependants and the death of a young boy of 19 years, this court feels that the award of Rs. 27,500/- would be the reasonable amount.