T VEERA RAGHAVAIAH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This Letters Patent Appeal is filed by the Respondent Nos.6 & 7 in CM.A. No.581/86 which was dismissed by the learned Single Judge with slight modification.

(2.) The facts of the case are these: One Thota Nageswara Rao, who was travelling in a City Bus, died on 12-1-1984 on account of an accident that occurred due to the rash and negligent driving of the driver of the said bus, due to which the driver lost control and the bus swerved to the right side of the road, hit an electrical pole and a palmyrah tree. The mother and the widow of late Nageswara Rao filed M.V.O.P.No.221 of 1984 on the file of the I Additional District Judge-cum-First Additional Motor Accidents Claims Tribunal, Krishna, Machilipatnam, claiming a sum of Rs.1,00,000/- by way of compensation. The driver of the ill-fated vehicle, the owner and the Insurance company are the respondents in that Original Petition. The Motor Accidents Claims Tribunal has disposed of the said Original Petition along with other Original Petitions filed by some injured persons by a common order dated 12-12-1985 allowingthe O.P. and awarded a sum of Rs.38,500/- by way of compensation. In addition to that, a sum of Rs.6,000/- was awarded to the widow towards loss of consortium. The compensation amount of Rs.38,500/- was equally divided between the mother and the widow. So, accordingly, the mother of the deceased was awarded a sum of Rs.19,250/- while the widow was awarded a sum of Rs.25,250/-. Aggrieved by the said order, the Insurance Company filed C.M.A. No.581 of 1986 while the widow of the deceased has filed cross- objections.

(3.) As already stated, both the matters were dismissed by the learned Single Judge on 4-9-1991 with a slight modification.