NEW INDIA ASSURANCE COMPANY LIMITED Vs. A BRAHMANANDAM

JUDGEMENT

(1.) This Appeal is filed by the Insurance Company and the cross objection is filed by the Claimants against the award of the Court of Motor Accident Claims Tribunal-Cum IX Additional Chief Judge, City Civil Court, Hyderabad in OP.No.2142 of 2011 dtd. 9/2/2016.

(2.) Brief facts leading to the filing of the above appeal are that in the motor vehicle accident that occurred on 15/5/2011 at about 8.00 p.m, opposite R.T.A Office, Tirumalgherry, Kharkana Main road, Hyderabad, the petitioner along with his wife i.e., deceased A.Rani as his pillion rider was proceeding from Tirumalgherry side towards Musheerabad on his Kinetic Honda Bearing No. AP-10-J-1205 when the private bus Bearing No.KA-14-A-4786 came from behind and dashed against the Kinetic Honda of the petitioner and due to the sudden impact, both the petitioner and his wife fell down from the Kinetic Honda and the bus ran over the wife of the petitioner, who died on the spot. A case in Crime No.84 of 2011 under Sec. 304-A of IPC was booked against the driver of the crime vehicle. The petitioner therefore, filed claim petition before the Tribunal seeking the compensation of Rs.15,00,000.00 for the death of his wife in the motor vehicle accident. The owner of the vehicle was made as opposite party Respondent No.1 and the Insurance Company was made as Respondent No.2.

(3.) It was stated that the deceased was running a school in the name and style of St. Francis Educational Society, Opposite IDPL Colony, Sumithranagar Colony, Balangar, Hyderabad and she was the sole cor Respondent of the said school and she used to get net profit of Rs.25,000.00 per month and used to contribute her total earnings for the maintenance of the petitioner and his family.