NATIONAL INSURANCE CO LTD Vs. R GOVINDA RAJU

JUDGEMENT

(1.) The National Insurance Company Ltd., filed this Appeal, under Section 173 of the Motor Vehicles Act (for short 'the Act'), assailing the award dated 16-9-2005,passed by the Motor Accidents Claims Tribunal-cum- XVIII Additional Chief Judge, City Civil Court, Hyderabad, in O.P.No.1724 of 2003.

(2.) On 25-5-2003 the 1st respondent and his wife Shanthamma were travelling in an Auto bearing No. AP-28-V-22 from Lingampally to Mehdipatnam. When the auto reached the campus of Hyderabad Central University, a lorry bearing No. AAT 1789, owned by the 4th respondent and insured with the appellant, is said to have come in a rash and negligent manner, in the opposite direction; and hit the auto, on the wrong side. Shanthamma received multiple injuries and died on the spot. Crime No.201 of 2003 was registered by the Chanda Nagar Police Station, under Section 304-A of I.P.C. against the Driver of the lorry.

(3.) The respondents 1 to 3 (for short 'the respondents), who are the husband, daughter and son of Shathamma, filed O.P., claiming a sum of Rs.4 lakhs as compensation. They pleaded that Shanthamma was running a roadside hotel, opposite to the Indian institute of Information Technology, Gachibowil, and was earning Rs.5,000/- per month. It was pleaded that on account of her death, the family was deprived of her household management, and financial assistance.