CHINNAKARASAMMA Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned single Judge in AAO No. 1460 of 1998, under which the learned Single Judge while allowing the appeal preferred by the Insurance company in part, reduced the compensation awarded by the Motor Accidents Claims tribunal from Rs. 1,70,000/- to Rs. 70,296/ -.

(2.) THE facts in brief are as under : the appellants herein are the claimants, who filed M. V. O. P. No. 78 of 1987 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Chittoor, claiming a compensation of Rs. 2,58,000/- for the death of one B. Muniappa in a motor accident on 24. 7. 1986. The said O. P. was contested by the Insurance Company-1st respondent herein as well as the 3rd respondent-owner of the vehicle. After considering the evidence adduced by the parties, both oral and documentary, the Tribunal by award dated 4. 10. 1988 having held that the death occurred due to the rash and negligent driving on the part of the driver of the vehicle, awarded a compensation of Rs. 1,70,000/-together with future interest at 12% p. a. , from the date of the petition till realization.

(3.) AGGRIEVED by the same, the insurance Company filed A. A. O. No. 1460 of 1988 under Section 110-D of the Motor vehicles Act, 1939. A learned Single Judge of this Court on re-appreciation of the evidence, allowed the appeal in part, thereby reducing the compensation to rs. 70,296/ -. The said judgment is under challenge in this letters patent appeal filed by the claimants.