NEW INDIA ASSURANCE CO Vs. SATAMMA

JUDGEMENT

(1.) These two appeals are filed by the Insurance Company R-3 in two different Original petitions. The two original petitions arise out of the same accident which took place on 2-11-1981 at 4 p.m. near Appannapet Shivar. CM A. 271/85 arises out of O.P. No. 90/82 on the file of the Motor Accidents Claims Tribunal, Karimnagar. It relates to the death of V. Guruvaiah aged 25 years. His wife and mother are the claimants in the Original petition. The tribunal awarded a compensation of Rs. 50,000/- with proportionate costs and interest at 6% per annum from the date of the O.P. till the date of realisation. The decree was passed jointly and severally against all the 3 respondents, the driver, the owner and the Insurance company. In this appeal the appeal was dismissed for default against the driver who is R-3 in the appeal.

(2.) C.M.A. 300/85 arises out of O.P. No. 91/82 and in this case the claimant is Erugula Rajaiah who was injured in the accident and his wife Nagamma aged 35 years and daughter Mariyamma aged 12 years died in the accident. He claimed compensation for injuries to himself and for the death of his wife and daughter. In all he claimed a compensation of Rs. 75,000/-. The tribunal awarded compensation of Rs. 5,000/- for injuries to the claimant and awarded Rs. 40,000/- on all counts for the death of the wife, and Rs. 15,000/- for tbe death of the daughter. In all Rs. 60,000/- was awarded with interest at 6% per annum and a decree was granted jointly and severally against all the respondents.

(3.) In this appeal as the full amount claimed i.e. Rs. 75,000/- was not granted, the claimant filed cross-objections and in the cross-objections it was claimed that the various deductions made by the tribunal from the probable earnings of the deceased is not proper and Compensation should have been awarded fpr loss of consortium also. The cross-objections are indicated as Rs. 69,000/-. A court fee of Rs. 10/- was paid.