NEW INDIA ASSURANCE CO LTD Vs. CHAKALI RAMAVVA

JUDGEMENT

(1.) THIS is an appeal filed by the Insurance Company against the order of the Motor Accidents Claims Tribunal in O.P.No. 138/83. The deceased died in an accident that took place on 19-10-82 due to rash and negligent driving of the vehicle bearing No.APJ. 523. On 1-10-82 amendment has been introduced raising the liability of the Insurance Company from Rs. 10,000/-to Rs. 15,000/

(2.) THE Court below rightly found that the the vehicle turned turtle due to the rash and negligent driving. Claimants are the wife and children of the deceased, aged about 45 years. He was a private employee. THE claims of the married daughter and the son-in-law were rejected who were parties in the O.P. THE Court below rightly held that the wife is entitled for compensation of a sum of Rs.27,000/- and it is not on high side. However, the plea of the insurance company is that their liability is only Rs.15,000/-. THE lower court ought to have fixed the liability of the insurance company for Rs.15,000/- and the remaining on the other respondent. THE appeal is accordingly ordered fixing the liability of the insurance company at Rs.15,000/-. No costs.