RELIANCE GENERAL INSURANCE COMPANY LTD. Vs. MIDATHAPALLI VINODA

JUDGEMENT

(1.) Assailing the order and decree, dtd. 17/4/2017 made in M.V.O.P.No.528 of 2014 on the file of the XIII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar (for short 'the Tribunal'), the Reliance General Insurance Company Limited, preferred this appeal challenging the quantum of compensation being excessive.

(2.) For the sake of convenience, hereinafter, the parties shall be referred to as per their array before the Tribunal.

(3.) Brief facts of the case are that the claimants filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.16,00,000.00 for the death of one Midatapalli Venkanna, husband of claimant No. 1, father of claimant Nos. 2 &3, son of claimant Nos. 4 and 5 (hereinafter referred as 'the deceased') in a motor vehicle accident that occurred on 21/6/2014. According to the claimants, on the fateful day, the deceased was proceeding on his Auto bearing No.AP 36 Y 0520, along with passengers from Bachodu village to Maripeda bangle on the highway, when he reached Subbledu Cross road of Medidepalli village, Thirumalayapalem, Khammam, at about 01:00 p.m., one DCM van bearing No.AP 28 TD 6163, owned by respondent No.1 and insured with the respondent No.2, appellant herein, being driven by its driver in a rash and negligent manner at high speed, dashed the auto of the deceased, as a result of which, the auto turned turtle and the deceased received severe head injury and died on the spot. It is the further case of the claimants that prior to the accident, the deceased was earning Rs.15,000.00 per month as auto driver and Rs.2,000.00 by working as part time NPMVA in M/s.Sri Ramkrishna Grama Samakya. Due to his sudden demise, the claimants lost their bread winner, love and affection. Therefore, the claimants have laid the claim against the owner and insurer of the offending vehicle, DCM van.