NATIONAL INSURANCE CO LTD Vs. KANDREGULA VENKATA RAMANAMMA

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act 1988, is directed against the judgment and Decree dated 13.12.2002 passed by the Motor Accident Claims Tribunal-cum-IV Additional District Judge, Visakhapatnam (for short 'the Tribunal') in OP No. 948 of 2001 filed by the appellant-National insurance Company Limited, which was the third respondent before the Tribunal below, Heard Smt. S.A.V. Ratnam, learned Counsel appearing for the appellant-Insurance Company and Sri Jayanthi S.C. Shekar, learned Counsel appearing for the respondents-claimants.

(2.) The claimants who are the LRs of the deceased filed the claim case under Section 166 of the Motor Vehicles Act, seeking compensation of Rs. 8,00,000/- on account of the death of the deceased, against which, the learned Tribunal after making an enquiry awarded compensation of Rs. 2,79,800/- together with interest @ 9% per annum from the date of petition till the date of realization. In the present appeal, the appellant assailed the award on the ground that the compensation granted is on higher side and not just and reasonable.

(3.) The point that arises for consideration in this appeal therefore is whether the compensation granted is just and reasonable or it requires enhancement?