THOTA VEERA RAGHAVAIAH Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS Letters Patent Appeal is filed by the Respondent Nos. 6 and 7 in C.M.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 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 Palymarah 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 Accident Claims Tribunal, Krishna, Machlipatnam, 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 Accident 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 allowing the 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.) THE respondent No. 5 was in the womb of the second respondent herein, at the time of the deem of late Nageswara Rao. During the pendency of the Appeal, she was impleaded as the fifth respondent. The learned Judge, while confirming the quantum of compensation awarded by the Accidents Tribunal, made a provision for the minor daughter. The learned Single Judge has also noticed me fact that the mother has already withdrawn a sum of Rs. 7,500/ - out of the amount deposited during course of appeal, but now it transpired that she has withdrawn an amount of Rs. 6,500/ -. During the pendency of the appeal, mother of the deceased also died and the appellants who are her husband and daughter were brought on record.