ORIENTAL INSURANCE COMPANY LIMITED Vs. V.MURALI

JUDGEMENT

(1.) Challenge in this M.A.C.M.A is to the award, dtd. 4/5/2016, in M.V.O.P.No.161 of 2015, on the file of the Motor Accidents Claims Tribunal-cum-IX Additional District Judge, Chittoor, ('Tribunal' for short), whereunder the Tribunal dealing with a claim of compensation made by the petitioners for a sum of Rs.12,00,000.00 on account of death of V.Bhavitha (hereinafter will be referred to as 'deceased') in a motor vehicle accident occurred on 6/3/2015, awarded a sum of Rs.8,41,000.00 towards the compensation.

(2.) The parties to this M.A.C.M.A will hereinafter be referred to as described before the Tribunal for the sake of convenience.

(3.) The case of the petitioners in M.V.O.P.No.161 of 2015, according to the averments set out in the claim before the Tribunal, in brief, is that: On 6/3/2015, there was a Pooja of new auto of one of the close relatives of the petitioners' at Kanipakam temple. The petitioners, the deceased V.Bhavitha and minor child V.Mukesh started in a motorcycle bearing No.AP-03-AN-8612. The 1st petitioner was the rider of the motor bike. They were proceeding in Kanipakam-Agarampalli main road in front of Jayabalaji Kalyana Mandapam. At 11.05 a.m., one APSRTC hire bus bearing No.AP-03-TA-3648 (hereinafter will be referred to as 'offending vehicle') driven by the respondent No.2 in a rash and negligent manner dashed against the two wheeler, as a result, the petitioners, deceased V.Bhavitha and V.Mukesh fell down on the road. The deceased V. Mukesh sustained head injury and died on the spot and after the accident another deceased V.Bhavitha was taken to the Government General Hospital, Chittoor in an ambulance and was admitted at 12 noon where she died due to fatal injuries. The police registered FIR in Crime No.132 of 2012 under Ss. 304-A and 338 IPC against the driver. Prior to the accident the deceased was hale and healthy. She was doing tailoring work and doing seasonal business and earning Rs.10,000.00 per month. Due to sudden death of the deceased, the petitioners lost their bread winner and the family lost the estate of the deceased. The 1st petitioner also lost the consortium and loss of love and affection. Hence, the claim to award a sum of Rs.12,00,000.00 to the petitioners.