UNITED INDIA INSURANCE CO LTD Vs. GOURI PARVATHI

JUDGEMENT

(1.) THIS appeal is filed by United India Insurance Co. Ltd. aggrieved by the compensation granted in O.P. No. 778 of 1997 on the file of Motor Accidents Claims Tribunal, Ranga Reddy District by order dated 17.4.2002.

(2.) THE facts necessary for deciding this appeal are as follows: On 17.1.1997 S.K.C. Ramabhadra Raju was travelling in Maruti Esteem car bearing No. AP 09 -M 7997 and while so, a lorry bearing No. AP 09 -U 1794 coming from the opposite direction at high speed and in a rash and negligent manner, dashed the said car resulting in death of the above person. The wife, children and mother of the deceased filed the above O.P. under section 166 of the Motor Vehicles Act claiming compensation of Rs. 60,00,000 from the owner and insurer of the lorry involved in the accident. The owner remained ex parte while the insurer of the lorry contested the O.P. denying the manner of accident, age, income and avocation of the deceased. The employer of the deceased and the insurer of Maruti Esteem car have also been impleaded. The Tribunal after framing necessary issues and after due inquiry held that the accident occurred due to rash and negligent driving of the lorry by its driver and awarded compensation of Rs. 25,35,000 as against the owner and insurer of the lorry involved in the accident and the claim as against insurer of the car was dismissed. Aggrieved thereby, the insurance company preferred this appeal.

(3.) LEARNED counsel for the appellant vehemently contended that the Tribunal ought to have deducted one -third of the salary towards personal expenses and the Tribunal has not given reasons for taking into account the perquisites while arriving at the compensation. Learned counsel has drawn our attention to the decision of the Supreme Court in New India Assurance Co. Ltd. V/s. Shanti Pathak, 2007 ACJ 2188 (SC) and contended that the age of the claimant -father has to be taken into account.