UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS SENIOR DIVISIONAL MANAGER Vs. SMT. K. GANGAMMA, K. LALAIAH AND V. SUBBARAMA REDDY

JUDGEMENT

(1.) THIS appeal is disposed of at the admission stage, as both sides reported ready to advance submissions at the admission stage. The appellant -insurance company is the second respondent before the Chairman of the Motor Accident Claims Tribunal -cum -XVI Additional Chief Judge -cum -II Additional Metropolitan Sessions Judge, Hyderabad in O.P. No. 806 of 2008. Compensation at Rs. 1,62,000/ - was awarded as against the claim of Rs. 2,00,000/ - for the death of K. Teja, who was five years old at the time of the accident.

(2.) THE claimants, who are the parents of the deceased contend that on 08.09.2007 at about 4 p.m., the offending oil tanker bearing registration No. AP -16U -8280 owned by the third respondent herein and insured with the appellant dashed the deceased resulting in the death of the deceased. They claim that the accident was due to the rash and negligent driving of the driver of the offending oil tanker.

(3.) BE it noted that there is no appeal from the claimants. Inter alia, Sri V. Atchuta Ram, learned counsel for the claimants contended that although the claimants did not seek for any enhancement, enhanced compensation can be awarded on the basis of the observations of the Supreme Court in New India Assurance Co. Ltd. v. Gopal, : 2012 ACJ 2131. The Supreme Court indeed held that it was open for the Court to grant compensation over and above the amount awarded by the Tribunal. I am afraid that the claimants have not made out any ground for enhancing the compensation. I, therefore, do not consider that this is a fit case where award of compensation at Rs. 1,62,000/ - as granted by the Tribunal deserves to be enhanced.