KOLIPAKA PRABHAVATI Vs. SHAIK BABA

JUDGEMENT

(1.) This is an appeal filed by the mother, wife, two minor sons and minor daughter of the deceased K. Subrahmanyam against the award of the Motor Accidents Claims Tribunal, Khammam in O.P.No. 151/85 for recovery of Rs.2,83,000/- in addition to Rs. 1,67,000/- awarded by the Tribunal towards compensation. According to the claim petition, on 11-6-85 at about 7 a.m. in the outskirts of Tallada, the 1st respondent, while driving rashly and negligently the oil tanker bearing No. ABT.585 owned by the 2nd respondent dashed against the deceased who was travelling on a motor cycle bearing No. A.P.W. 1410 and as a result he died instantaneously. The claimants claimed compensation of Rs. 4,50,000/- comprising of Rs. 3,92,498 /- towards loss of earnings of the deceased who was working as senior Assistant in the office of Mandal Revenue Officer, Sathupalli, Rs. 10,000/- towards loss of consortium, Rs. 10,000/- towards educational expenses for two minor boys, Rs. 15,000/- towards marriage and educational expenses of the daughter and Rs. 20,000/- towards mental agony and Rs. 2,502/- towards damages to the motor cycle.

(2.) The owner and driver were exparte. The Insurance Company opposed the claim denying rash and negligent driving of the vehicle, and contending that the claim is excessive and that in any event as per the insurance policy the liability of Insurance Company is limited to Rs. 1,50,000/- only.

(3.) The Tribunal gave finding that the accident was caused by rash and negligent driving of the driver. Regarding compensation, the Tribunal awarded Rs. 1,56,000/- towards loss of future earnings, Rs. 4,000/- towards pain and suffering, Rs. 6,500/- towards loss of consortium, Rs. 500/- towards repairs to the motor cycle totalling Rs. 1,67,000/- and limited the liability of Insurance Company to Rs. 1,50,000/-. Against this award the claimants have filed this appeal claiming balance compensation of Rs. 2,83,000/- and also claimed that the Insurance Company is liable for entire amount as the policy is comprehensive. Neither the owner nor the Insurance Company has preferred any appeal. Loss of future earnings:-