UNITED INDIA INSURANCE CO LTD Vs. VALLURI SAILAJA

JUDGEMENT

(1.) This civil miscellaneous appeal is filed by United India Insurance Co. Ltd. under section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act'), aggrieved by the award of the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Ranga Reddy District (for short, 'the Tribunal') dated 28.2.2004 passed in O.P. No. 1188 of 2000.

(2.) The respondents herein filed claim petition before the Claims Tribunal below under section 166 of the Act, claiming compensation of Rs. 8,00,000 on account of death of one Valluri Venumadhav in an accident on 28.4.2000. Claimant No. 1 is the wife, claimant No. 2 is minor son and other claimants are parents of the deceased.

(3.) As averred in the claim application, it was the case of the claimants that on 28.4.2000, when the deceased, who was working as Service Executive in Ashco Industries Limited, Panjagutta, Hyderabad, was proceeding from Ramachandrapuram to Bollaram on his scooter bearing No. AP 28-N 6360 and when he reached near Dulchand Textile Factory, water tanker bearing No. ADT 3159 driven by its driver in a rash and negligent manner dashed against the deceased. In the said accident, he was crushed under the wheel. It was the case of the claimants that the deceased was aged 26 years and was earning a salary of Rs. 5,430 per month as Service Executive in Ashco Industries Limited, Panjagutta, Hyderabad. As such, in view of the sudden and untimely death of the deceased, they lost dependency. Thus compensation was claimed for an amount of Rs. 8,00,000 on account of loss of dependency, loss of consortium, loss to estate, etc.