RELIANCE GENERAL INSURANCE CO LIMITED Vs. MARREDDY SOWMYA

JUDGEMENT

(1.) The appellant - Insurance company filed the present appeal under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter, for short 'the Act'), aggrieved by the order dtd. 25/1/2017 in M.V.O.P. No.141/13 passed by Motor Vehicles Accidents Claims Tribunal, Vijayawada (hereinafter, referred as 'Tribunal'), by which the respondents/claimants were granted compensation of Rs.55,05,000.00 with proportionate costs and interest @ 7.5% per annum from the date of petition till the date of payment.

(2.) For the sake of convenience, parties herein will be referred to as they were arrayed before the Tribunal.

(3.) The claim was instituted by the Widow and mother of the deceased Mr.Marreddy Venkat Subbareddy under Sec. 166 of the Act seeking compensation for death that occurred on 26/2/2012 in the road accident. Deceased who was working as Software Engineer in Hewlett Packard Global Software Private Limited, Bangalore, while he was proceedings on his motor cycle bearing No.AP 16BU 6315 in the service road leading to Bangalore City, when reached Beretena Agrahara, Hosur Road near Shahi Garments, a tempo traveler bearing No.KA 05D 5937 driven by the 3rd respondent driver dashed the motor cycle in the opposite direction in rash and negligent manner, thereby deceased sustained severe injuries and while he was being shifted for treatment to the hospital, succumbed to injuries on the way. Crime No.124/12 was registered under Ss. 304-A, 279 IPC and sec. 134 (a) and (b) of the Act by Electronic City Traffic P.S. Later on charge sheet was filed for the said offences. The claimants contended that the deceased was aged 31 years and was earning annual salary of Rs.5,50,000.00, so made claim for Rs.70.00 lakhs alleging that the accident has occurred due to sheer rash and negligent act of the driver of the tempo, which was insured with the appellant - Insurance Company.