NEW INDIA ASSURANCE CO LTD Vs. MARIA MADONNA

JUDGEMENT

(1.) THE instant appeal is directed against the award dated 21-1-1999 passed by the learned additional Chief Judge, City Civil Court at secunderabad in OP. No. 19 of 1997.

(2.) THE unsuccessful third respondent-insurer is the appellant. Respondents 1 to 4 herein are the claimants. Fifth respondent is the driver, sixth respondent is the owner and seventh respondent is the insurer of the offending vehicle. It was the case of the claimants that the deceased who was the husband of the first claimant, father of claimants 2 and 3 and son of the fourth claimant died in a motor accident on 11-8-1996 at about 7. 30 p. m. while coming on his scooter bearing No. AAW 7357 from thimmapur along with one N. Jangaiah as a pillion rider on the extreme left side of the road at Tondapally Railway gate of N. H. No. 7 on account of the rash and negligent driving of the driver of the lorry bearing No. ATT 5336, which was coming in the opposite direction at high speed and dashed the scooter, on account of which, the rider as well as the pillion rider were seriously injured and were shifted to Osmania Hospital, whereat the deceased succumbed to the injuries on the next day, that was on 12-8-1996 and that on account of the death of the deceased the family suffered both financially and mentally and had lost their bread earner. The deceased was 43 years at the time of the accident and he was working as a Field Officer in Sharp detectives Private Limited, Secunderabad and earning Rs. 2,400/- per month. The petitioners thus claimed compensation of rs. 3,00,000/- for the pre-matured death of the deceased.

(3.) THE owner and driver of the vehicle remained ex parte. The third respondent resisted the claim on the premise that the compensation claimed was very high. The fourth respondent, employer of the deceased, resisted the claim on the ground that the claimants were not entitled to claim any compensation under the Motor Vehicles Act, since they preferred claim under E. S. I. Act, 1948 and had withdrawn the amount.