ORIENTAL INSURANCE COMPANY LTD Vs. SUTHARI LINGAIAH

JUDGEMENT

(1.) This appeal is directed against the quantum of compensation awarded by the Tribunal in the MV OP No.473 of 1990 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Karimnagar. The appellant is the Insurance Company which insured the vehicle involved in the accident. Respondents 1 to 5 are the petitioners-claimants before the Tribunal and Respondents 6 and 7 are owner and driver of the vehicle involved in the accident. The learned Tribunal awarded compensation of Rs.91,000.00 for the death of the deceased-Suthari Chilakamma, who is the wife of Petitioner No. 1 and the mother of Petitioners Nos.2 to 5 in the Tribunal.

(2.) The appeal is based on a simple question, namely whether the Tribunal was in error in awarding compensation in excess of that claimed in the petition.

(3.) A perusal of the judgment and Award under appeal would show that the petitioners claimed compensation for a sum of Rs.70,000.00. But, surprisingly, the Award has been passed granting compensation in a sum of Rs.91,000.00.