ORIENTAL INSURANCE COMAPNY LIMITED Vs. YARAVA LAKSHMI DEVI

JUDGEMENT

(1.) YARAVA Ramesh, aged about 25 years was engaged in neem seed business. He was earning an amount of Rs. 50/- per day. One Batchala Narayana was owner of oil rotary mill and was doing business in neem seeds and oil and was earning Rs. 2,000/-to Rs. 3,000/- per month. He was aged 32 years. These two persons along with some other people got into lorry bearing no. AP 04 T 1427. The lorry was insured with Oriental Insurance Company Limited, kadapa. One Vishwanatha Reddy was owner of the lorry and Nagur Nazeer was driving lorry on 14. 10. 1996 when the lorry fell into pit. Ramesh, Narayana and another person died and yet another person received injuries. The wife, father and two minor children of narayana filed O. P. No. 170 of 1997 claiming a sum of Rs. 1,62,000/- as compensation. The wife, father and two minor children of ramesh filed O. P. No. 290 of 1997 claiming a sum of Rs. 1,28,000/ -. Both the O. Ps. , were filed on the file of the Motor Accident claims Tribunal-cum-District Judge, Cuddapah.

(2.) THE driver and owner of the lorry remained ex parte. Insurance company opposed the matter contending that the allegation that lorry was driven in a rash and negligent manner is not correct, that the deceased were travelling unauthorisedly in goods vehicle and that compensation claimed is highly excessive.

(3.) APPROPRIATE issues were framed in each o. P. A common trial was conducted recording evidence in connected O. P. The wife of narayana and wife of Ramesh gave evidence as P. W. 2 and P. W. 3. Exs. A-1 to a-11 and Ex. B-1 policy were marked. Insurance company examined an Assistant of the Company as R. W. 1. In O. P. No. 170 of 1997, learned Tribunal fixed the multiplicand at Rs. 12,000/- and applying the multiplier of 16 (as deceased-Narayana was aged 32 years) and arrived at loss of dependency of Rs. 1,92,000/ -. In addition to this, a sum of Rs. 10,000/- was awarded towards loss of consortium, Rs. 2,000/- for funeral expenses and Rs. 5,000/- each towards loss of love and affection. An amount of Rs. 2,19,000/- was determined as just compensation but having regard to the fact that claimants restricted their claim to rs. 1,62,000/-, award was restricted to the same. In O. P. No. 290 of 1997, dependents of deceased-Ramesh claimed Rs. 1,28,000/ -. Though the learned Tribunal determined the just compensation as Rs. 2,04,000/-, it was restricted to the relief claimed. Aggrieved by the award, insurance company filed C. M. A. No. 822 of 2005 against o. P. No. 290 of 1997 and C. M. A. No. 831 of 2005 is filed against O. P. No. 170 of 1997.