UNITED INDIA INSURANCE CO LTD Vs. PRIYANKA

JUDGEMENT

(1.) This appeal has been preferred by the insurance company against the award passed by the Tribunal in O.P. No. 199 of 1992 dated 7.11.1994 wherein the Tribunal has granted a sum of Rs. 1,27,000 against the claim of Rs. 4,50,000.

(2.) Brief facts of the case are to the following effect: On 7.12.1991, the injured Priyanka and her father T. Kishore along with his wife were going in a Maruti van bearing No. KA-01/M-3365 and when the van reached Sankrantipalli Village, Chittoor-Bangalore Road, a lorry bearing No, ADA 1524 came from the opposite direction driven by its driver rashly and negligently and hit the Maruti van causing damage to the van and severe injuries to Priyanka and her father and mother Vanaja. It is further averred that the van was proceeding at a normal speed on the left side of the road and the van driver lodged a complaint before the Bangarupalem Police on which a case in Crime No. 187 of 1991 was got registered against the driver of the lorry under sections 337 and 338, Indian Penal Code and the driver of the lorry admitted his guilt and he was convicted and sentenced to pay a fine of Rs. 1,150 in CC-7 of 1992 on the file of the IV Additional Munsif Magistrate, Chittoor.

(3.) The insurance company filed a counter denying the averments in the claim petition. However, it admitted that the vehicle is insured. It disputed the nature of injuries sustained by the injured and the compensation claimed is excessive.