UNITED INDIA INSURANCE CO. LTD. Vs. BATHALA VENKATAMMA

JUDGEMENT

(1.) The United India Insurance Company Limited filed the present appeal having aggrieved by the quantum of compensation awarded by the Tribunal through its order dtd. 4/9/2018 in MVOP.No.604 of 2017, on the file of Motor Vehicle Accidents Claims Tribunal-cum-Principal District Judge, Kadapa.

(2.) For the sake of convenience, the parties are referred to as they were referred before the Tribunal.

(3.) The petitioner filed claim petition seeking to pay compensation of Rs.10,00,000.00, on account of the death of her husband Vallepu Chinna Venkataiah @ Bathala Venkataiah in the accident that occurred on 9/5/2017. It was the case of the petitioner that, on the said date the deceased was travelling as pillion rider on TVS Star City Motor Cycle bearing registration No.AP04-BH-0519 belonging to one Sri D.Sreenu. When they reached near Patameedapalli Village on Kadapa-Kurnool main road, the offending lorry bearing registration No.TN29-BB-9371 came in rash and negligent manner at high speed and dashed the motor cycle on which the petitioner was travelling as pillion rider from behind. As a result of which, the deceased and the rider of the motor cycle fell down on the road and died on the spot. A case in Cr.No.210 of 2017 under Sec. 304-A IPC was registered against the driver of the offending lorry. It was further case of the petitioner that, the deceased was aged 55 years, he was hale and healthy and was working as mason earning Rs.500.00 per day, as on the date of the accident. The entire income of the deceased was being contributed to the family and in view of his sudden demise, the petitioner lost the source of income, in those circumstances, she filed the above petition claiming compensation of Rs.10,00,000.00together with interest.