NATIONAL INSURANCE CO LTD Vs. B VEERA SWAMY

JUDGEMENT

(1.) The third respondent Insurance Company in O.P. No. 19/86 on the file of Motor Accidents Claims Tribunal, Khammam has filed this appeal contending that the amount of compensation awarded to the petitioners is excessive and requested for determining just and proper compensation.

(2.) In this case, the deceased was aged about 15 years and he was studying 10th Class on 3-12-1385 while he was proceedings on a cycle he was knocked down by a Trailer Tractor and as a result of the injuries sustained in the said accident, he died in the hospital on the same day while undergoing treatment. The parents of the deceased filed a petition claiming compensation of Rs. 1,00,000/-. The first respondent was the Driver, the second respondent was the owner of the Tractor Traitor and the third respondent is the insurance Company who is the appellant herein.

(3.) The Tribunal after enquiry, found the Driver of the Vehicle guilty of rash and negligent driving and consequently awarded compensation of Rs.80,000/-. Respondents 1 and 2 i.e. the Driver and the owner had remained ex parte. Aggrieved by the quantum of compensation, the Insurance Company has filed this appeal.