NEW INDIA ASSURANCE CO LTD Vs. NAGALLA LAXMI

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company challenging the order passed by Motor Accidents Claims Tribunal, Vizianagaram, in O.P.No. 195 of 1996. Similarly, cross-objections are filed by the claimants seeking enhancement of the compensation. In an accident that took place on 30-6-1995, one Ramana, who was driving the goods vehicle bearing No. APS-1815 involved in the accident, died. Therefore, the legal heirs of the deceased laid a claim for compensation of Rs. 1,50,000.

(2.) The Tribunal after considering the evidence on record found that the driver of the vehicle was negligent in driving the vehicle and therefore held that on account of negligent driving of the vehicle, the accident had occurred. Coming to the question of compensation, the Tribunal arrived at a total compensation of Rs. 3,85,440 / -, but since the claim itself was restricted to Rs. l,50,000/-, the petition was allowed granting compensation of Rs.1,50,000/- together with 12% interest from the date of petition till deposit of the amount in the Tribunal. Aggrieved by the said order, the insurance company has filed the appeal. Similarly, the claimants also filed cross-objections challenging the findings of the Tribunal and also claiming higher compensation.

(3.) It is also to be noted that the claimants filed an application in C.M.P.No. 6012 of 1999 seeking amendment of the amount claimed in the O.P. and thus claiming enhanced compensation of Rs. 3,85,440/- on the ground that the Tribunal itself found that the claimants are entitled to such compensation. This Court finds that there is justification for allowing the amendment and accordingly, the amendment petition is allowed.