N R PATEL AND CO Vs. T APARNA

JUDGEMENT

(1.) This appeal is filed by the Insurance Company against the award passed by the Motor Vehicles Accidents Claims Tribunal- cum-District Judge, Saroornagar, Ranga Reddy District, in M.V.O.P. No.310 of 1992, dated 9-2-1994 awarding a compensation of Rs.17,10,000/-. The claimants, widow and children of T. Ravi, the deceased, filed cross- objections against the order disallowing the balance of compensation of Rs.7,90,000/-.

(2.) Briefly, the facts are that T. Ravi, was an industrialist. He was aged 30 years, earning about Rs.10,000/- per month. While so, on 11-4-1990, when he was going in a jeep AAJ 4004 along with others and by the time they reached Mandinaguda, the driver of the car TSR 2745 belonging to M/s. M.R. Patel & Company, drove it in a rash and negligent manner, in a high speed, rashly and negligently, and dashed against the jeep, when it was coming in opposite direction, due to which the jeep went off the road, turned turtle and fell down due to which the petitioner- Ravi and others, who were occupants of jeep, sustained multiple grievous injuries on various parts of the body. Immediately, the injured- Ravi was shifted to Appolo Hospital, Hyderabad, in an unconscious state, went intocoma and could not regain consciousness. He was treated in various hospitals, initially, at Appolo Hospitals, Hyderabad. From thereafter, he was shifted to St. Theresa Hospital on 26-8-1990 and treated till 26-5-1991 and latershifted to Nizam's Institute of Medical Sciences (NIMS), Hyderabad, from 26-5-1991 to 17-10-1991 and finally to his house in the month of June, 1993. He became completely disabled and a total wreck and died in coma. The father, representing him as guardian, filed the petition claiming Rs. 10,00,000/- under various heads, and later by way of amendment, enhanced the claim to Rs.25,00,000/-. After the death of the deceased, the wife and children impleaded themselves as Legal Representatives.

(3.) In the trial Court, R-1 and R-3, the owners of the Car and jeep, respectively, did not contest the matter. Therefore, they were set exparte.