NEW INDIA ASSURANCE CO LTD Vs. BOBBA BHARATHI

JUDGEMENT

(1.) The third respondent-insurer preferred this appeal impugning the award dated 27.11.2006 passed by the Chairman, Motor Accident Claims Tribunal-cum-I Additional District Judge, Rajahmundry (for short 'the Tribunal') in M.V.O.P. No. 479 of 2004, awarding compensation of Rs. 6,54,000/- with interest @ 7.5% per annum, out of Rs. 10,00,000/- claimed by the claimants, who are none other than wife and three major married daughters of Bobba Srikrishna Murthy (hereinafter referred to as 'the deceased'), who died in a road accident on 07.10.2003; with contentions in the grounds of appeal that the award of the Tribunal is contrary to law, weight of evidence and probabilities of the case; the Tribunal should have seen that Schedule II of the Motor Vehicles Act has no application to the facts of this case, as the income of the deceased exceeds Rs. 40,000/- per annum; the Tribunal should have seen that there is no loss of supervisory capacity; that the Tribunal has applied the wrong multiplier and that the compensation awarded by it is highly excessive and prayed to reduce the compensation.

(2.) Learned counsel for the appellant reiterated the same in the course of hearing.

(3.) Respondents 1 and 2, who are driver and owner of the lorry bearing No. AP-16X-5225, remained ex parte before the Tribunal. However, in the cause title of the appeal, it is endorsed that they are not necessary parties. Thereby, no notice was ordered to them. Even then, the appeal is maintainable undoubtedly.