NATIONAL INSURANCE COMPANY LIMITED Vs. POTU PADMAVATHI

JUDGEMENT

(1.) Challenge in this Motor Accidents Civil Miscellaneous Appeal is to the Order, dtd. 17/6/2015, in M.V.O.P. No.1559 of 2012 on the file of the Chairman, Motor Vehicles Accidents Claims Tribunalcum-IV Additional District Judge, Guntur (for short, 'the Tribunal') whereunder the Tribunal, dealing with the claim of compensation laid under Sec. 163-A of the Motor Vehicles Act, 1988 (for short, 'the MV Act') with regard to the death of Potu Tripura Sundara Rao (hereinafter referred to as 'the deceased') in a motor vehicle accident occurred on 12/6/2012 at 10:00 A.M. awarded a sum of Rs.9,59,500.00 with interest at 6% p.a., from the date of petition till the date of realization and apportioned Rs.3,59,500.00 to first claimant/wife and Rs.2,00,000.00 to the second claimant/minor daughter, Rs.1,00,000.00 to the third claimant/minor son and Rs.1,50,000.00 each to the fourth and fifth claimants, being parents of the deceased, respectively. To award more compensation than prayed, the Tribunal relied on a decision of the Hon'ble Apex Court in Tatha Sreevani and others v. D. Vijaya Kumar and others,2014 ACJ 516.

(2.) Appellant herein is no other than the second respondent/insurer in the aforesaid M.V.O.P. No.1559 of 2012.

(3.) The parties to this Appeal will hereinafter be referred to as described before the Tribunal, for the sake of convenience.