NEW INDIA ASSURANCE COMPANY LTD Vs. PUDI SUBBALAXMI

JUDGEMENT

(1.) Aggrieved by the award passed by the learned Motor Accidents Claims Tribunal-cum-Additional Chief Judge, City Civil Court, Secunderabad in O-P.No. 88 of 1983, C.M-A.No. 948 of 1986 was preferred by the insurance company, while C.M.A.No. 1427 of 1986 was preferred by the owner of the crime vehicle i.e., Tourist Bus.

(2.) The facts leading to the filing of both these appeals, in brief, are:- On 5-2-1983 at 8.00 a.m., while one Ananda Rao was proceeding on his scooter bearing No. ATX 6909 towards Saidabad Police Station, the bus bearing No.MDJ 4467 came from behind the deceased and hit him at Dhobi ghat, as a result of the rash and negligent driving of the bus by the first respondent-driver, and due to the impact, the deceased was run over and sustained multiple injuries and died. The deceased was working as Engineer in Midhani, Hyderabad. The claimants, who are the wife and daughter of the deceased Ananda Rao, Claimed a sum of Rs. 2,51,000/- as compensation.

(3.) The lower tribunal, after conducting full enquiry, granted a sum of Rs.1,75,000/- as compensation, but restricted the liability of the third respondent-insurance company to Rs. 1,50,000/-