NATIONAL INSURANCE COMPANY LTD Vs. SYEDA NAJMUNNISSA

JUDGEMENT

(1.) This Appeal has been filed by the National Insurance Company Limited, represented by its Branch Manager, Osmangunj, Hyderabad, against the judgment in OP No.898 of 2000 passed by the Motor Accidents Claims Tribunal-cum-Chief Judge, City Civil Court, Hyderabad, awarding compensation of Rs. 15,37,000/- to the claimants, who filed the claim petition under Section 166 of the Motor Vehicles Act, for the death of one Syed Abdul Wahah Quadh, who died in a motor accident.

(2.) The stike of convenience, the parties hereinafter will be referred to as they are arrayed before the Tribunal.

(3.) The first claimant is the wife, the second and third claimants are the minor sons and fourth and fifth claimants are the minor daughters of late Syed Abdul Wahab Quadri (hereinafter referred to as 'deceased'). On 23.5.1999 the deceased was proceeding on his scooter bearing No.AP 12 3237 from Bahadurpura to Tadbund on his way to Idgah Dargah, Zoo Park. When the deceased reached Tadbund Cross Roads 2010(l)FR-F-46 at about 7-30 p.m., die Tata Diesel lorry bearing No. AP 11 U 6355, owned by the first respondent, insured with the third respondent, being driven by the second respondent Mohd. Osman, came from opposite direction and moved towards extreme right side and dashed against Mahendra Jeep bearing No. AP 22D 6669 and thereafter the scooter of the deceased and also the RTC Bus bearing No.AP 9Z 7898, as a result of which the deceased sustained grievous injuries resulting in multiple fractures and the jeep, bus and scooter were damaged. The deceased was immediately shifted to Yashoda Hospital, Hyderabad, wherein he was treated as in-patient for two days i.e., from 23.5.1999 to 25.5.1999. Then, he was shifted to King Koti Government Hospital and was operated and treated there till 17.7.1999. Then he was shifted to NlMS, Punjagutta, Hyderabad. Again he was operated. The deceased was confined to bed for six months three weeks. However, while undergoing treatment in NIMS, Hyderabad, he succumbed to the injuries on 16.12.1999. The claimants had spent about Rs.6 lakhs towards medical expenses of the deceased.