NEW INDIA ASSURANCE CO. LTD Vs. SYEEDA FARHATUNNISA

JUDGEMENT

(1.) The New India Assurance Company Limited, preferred the present appeal under section 173 of the Motor Vehicles Act, 1988 (for short "the Act"), questioning the order and decree, dated 23.12.2005 passed in O.P.No.343 of 2002 on the file of the Motor Accidents Claims Tribunal (I-Additional District Judge) at Mahabubnagar (for short "the Tribunal"), wherein a sum of Rs.12,89,000.00 with interest @ 7.5% p.a. from the date of petition till the date of realization, was awarded as compensation to the claimant as against the claim of Rs.18,00,000/-.

(2.) The facts in issue are as under:

(3.) The claimant filed a claim-petition under Section 166 of the Act claiming compensation of Rs.18,00,000.00 for the death of her husband-Syed Nizamuddin Khadi, who died in a road accident that took place on 14.11.2001 at 2.30 A.M. It is stated that on that day the deceased along with the 2nd respondent herein was coming from Koilkonda in a Jeep bearing No.AHX-3741 to go to Mahabubnagar, and when they reached the limits of Damayapalli Village, the driver of the jeep drove it in a rash and negligent manner and lost control over it due to failure of brakes. As a result of which, the Jeep turned turtle towards left side of the road and the deceased and the driver of the jeep died on the spot. The Police, Koilkonda, registered a case in Crime No.67 of 2001 under Section 304-A of I.P.C. It is further stated that the deceased was working as an Executive Engineer, I and CAD Department, KLIS Division No.2, Nagarkurnool and was earning Rs.14,521.00 per month. Due to sudden death of the deceased, the claimant lost her only source of income and suffered lot of mental agony. Since the accident took place due to the rash and negligent driving by the driver of the Jeep, the 2nd respondent herein being the owner of the jeep and the appellant being the insurer are liable to pay the compensation jointly and severally to the claimant.