NEW INDIA ASSURANCE COMPANY LIMITED Vs. KURUGODUMOCHI SAROJA

JUDGEMENT

(1.) Aggrieved by the order dtd. 5/5/2010 in MVOP No. 775 of 2007 passed by the Chairman, Motor Accidents Claims Tribunal- cum-I Additional District Judge, West Godavari (for short 'the Tribunal'), the claimant has preferred this appeal seeking enhancement of compensation awarded by the Tribunal.

(2.) For convenience's sake, the parties will hereinafter be referred to as arrayed in the MV OP.

(3.) The claimant has filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 for compensation of Rs.3,00,000.00for the damages caused to the Ambassador Car bearing No. AP 37 U 2595 (hereinafter referred to as the "damaged car"). It is the case of the claimant that she is the owner of the said damaged car. She purchased a car bearing No. AP 7 H 8209 from one D. Satyanarayana for Rs.2,00,000.00and got it converted into a taxi with the registration authority and allotted a new number AP 37 U 2595. The claimant spent an amount of Rs.1,25,000.00to make the said damaged car in a sophisticated condition by providing a video and audio system, AC, luxury seats, etc., and the petitioner used to earn Rs.9,000.00per month by using the said car as a taxi. According to the claimant, on 21/5/2004, the damaged car was going towards Vijayawada. At the time of reaching the car near the Indian Oil Corporation retail outlet, Kalaparru, about 11.30 P.M., the APSRTC bus bearing No. AP 10 Z 7710 (hereinafter referred to as 'the offending bus') came in the opposite direction at high speed in a rash and negligent manner and hit the road divider and the damaged car. As a result driver of said damaged car and Milkoma Manager, who were in the car, died on the spot, and the said car was damaged. The loss is estimated at Rs.2,97,000.00.