ORIENTAL INSURANCE CO. LTD. Vs. MANJULA S.

JUDGEMENT

(1.) Heard Ms. A. Jayanthi, learned counsel for the appellant, Ms. O. Varalakshmi, learned counsel, representing Sri S. N. K. Mahanthi, learned counsel for the respondents 1 to 3/claimants and Sri Sai Sanjay Suraneni, learned counsel for the 4th respondent.

(2.) This appeal is by the Oriental Insurance Company filed under Sec. 173 of the Motor Vehicles Act (in short 'M.V.Act') challenging the award of the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Visakhapatnam (in short 'the Tribunal'), dtd. 14/6/2017 passed in M.O.P.No.1809 of 2012. The Tribunal allowed in part the claim petition filed by the claimants/respondents 1 to 3 under Sec. 166 of M.V.Act by awarding compensation of Rs.95,79,211.00 with proportionate costs and interest payable @7.5% per annum from the date of filing of the claim petition till deposit of the amount.

(3.) The respondents/claimants filed M.O.P.No.1809 of 2012 on the pleadings inter alia that the deceased Siva Kumar was an Assistant General Manager, working in Chettinadu Port Services Private Limited. He was getting salary of Rs.61,527.00 per month at the time of accident. He was aged about 41 years. On 9/8/2011 the deceased was proceeding from Visakhapatnam to Bhogapuram by Tata Sumo bearing No.TN-01-V6863 belonging to the company and the 5th respondent herein was the driver. The vehicle met with an accident, in which, the deceased sustained spinal cord injury and was shifted to New Care Hospital for treatment. During the treatment, he died on 15/8/2011 at 01.25 p.m. The accident was registered as Crime No.298 of 2011 under Sec. 304-A IPC. The deceased was the sole breadwinner of the family, consisting of wife and two children.