JAKKAMMPUDI KRISHNA VENKATA SATYANARATANA Vs. GUTTULA RAMA MOHAN

JUDGEMENT

(1.) The Claimants, husband and three minor children of the deceased by name Smt. Jakkammpudi Kanakadurga, filed this appeal, having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunal-cum-District Judge, East Godavari at Rajahmundry (for short, 'Tribunal') in M.V.O.P. No. 748 of 2002 dated 22.11.2004, awarding compensation of Rs. 1,30,000/- (Rupees one lakh thirty thousand only) as against the claim of Rs. 2,50,000/- (Rupees two lakh fifty thousand only), against respondent Nos. 2 and 3 viz., the owner and insurer of the crime vehicle (Lorry) for enhancement of compensation as prayed for in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act'). Heard Sri K. Venkata Rao, the learned counsel for the appellants, Sri Katta Laxmi Prasad, the learned standing counsel for the 3rd respondent-Rayal Sundaram Alliance Insurance Company Limited Sri T.V. Jaggi Reddy, the learned counsel for the 2nd respondent-owner of the crime vehicle. The appeal against the 1st respondent-driver of the crime vehicle is dismissed for default and he is no way a necessary party to decide the lis. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

(2.) The contentions in the grounds of appeal in nutshell are that the award of the Tribunal is contrary to law, weight of evidence and probabilities of the case, that the Tribunal erred in arriving a wrong conclusion on the quantum of compensation and awarded a very meager amount instead of awarding as claimed and prayed for from nature of avocation of the deceased and earnings there from and from the age and multiplier that is applicable and also for the loss of consortium, loss of estate, loss of love, affection, care and protection etc., and hence to allow the appeal by enhancing and awarding full compensation as prayed for.

(3.) Now the points that arise for consideration in the appeal are: