GANGARAJU SOWMINI Vs. ALAVALA SUDHAKAR REDDY AND ORS.

JUDGEMENT

(1.) This Bench is constituted to answer the reference made in the above M.A.C.M. As. M.A.C.M.A. No. 364 of 2010 is filed by the claimant seeking enhancement of compensation awarded by the Chairman, Motor Vehicles Accidents Claims Tribunal -cum -District Judge, Guntur, whereas, M.A.C.M.A. No. 1020 of 2010 is filed by the National Insurance Company Limited, questioning the very award of compensation itself. For the purpose of this reference, we take the facts as narrated in M.A.C.M.A. No. 364 of 2010.

(2.) The deceased Gangaraju Venkata Sudheer, who is the brother of the claimant, was aged about 22 years and was prosecuting his final year Medicine at BLD Medical College, Beejapur of Karnataka State. The appellant/claimant is working as Assistant Professor in Gynaecology at Government hospital, Guntur. On 29.11.2000, while the claimant, her husband, daughter, mother, maternal aunt and deceased were proceeding in Maruti car bearing No. AP -07 -3173 from Tirupati to Guntur, they met with an accident. It was the case of the claimant that the Lorry bearing No. AAN -6579, came on wrong side in the opposite direction at a high speed and in a rash and negligent manner and dashed against their Maruti car. Consequently, the brother and the mother of the claimant received grievous injuries and died on the spot and the claimant, her husband and maternal aunt suffered injuries. Based on the complaint lodged by them, a case was registered at P.S. Singarayakonda. By impleading the owner of the lorry as respondent No. 1 and the Insurance Company as respondent No. 2, claim was made by filing M.V.O.P. No. 159 of 2002 under Sec. 166 of the Motor Vehicles Act, for compensation of Rs. 20,00,000/ -.

(3.) The owner of the Lorry remained ex -parte and the Insurance Company contested the claim by filing counter affidavit. In the O.P., the Tribunal, by recording a finding that the accident had occurred due to rash and negligent driving of Lorry bearing No. AAN -6579, has allowed the claim petition by awarding compensation of Rs. 8,75,000/ -. It was the specific case of the claimant that for the purpose of tuition fee of the deceased, she obtained loan from A.P. Mahesh Co -operative Urban Bank Ltd., Hyderabad and was educating her deceased brother. On behalf of claimant, the certificate issued by the Medical college showing the fee paid for the deceased and also the notices demanding the payment of balance outstanding amount of loan, issued by A.P. Mahesh Co -operative Bank were exhibited.