ORIENTAL INSURANCE COMPANY LIMITED Vs. S. ASHOK REDDY

JUDGEMENT

(1.) This appeal is preferred by the Oriental Insurance Company Limited, questioning the order and decree, dtd. 31/10/2016 made in M.V.O.P.No.409 of 2012 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-XIV Additional Chief Judge (Fast Track Court), City Civil Courts, Hyderabad (for short, "the Tribunal").

(2.) For the sake of convenience, the parties will hereinafter be referred to as arrayed before the Tribunal.

(3.) Brief facts of the case are that the claimants filed a petition under Sec. 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.65,00,000.00 for the death of one S.Hema Latha (hereinafter referred to as "the deceased"), who died in a motor vehicle accident. According to the claimants, on 11/10/2011 while the deceased and her relative Smt. Naga Jyothi were proceeding on Hero Honda Activa bearing No.AP 13 S 5475 from Mehdipatnam towards her residence, at about 3:30 p.m., when they reached near Mehraj Cross Road, one School Bus bearing No.AP 12 V 0569, owned by respondent No.1 and insured with respondent No.2, being driven by its driver in a rash and negligent manner at high speed and dashed the Hero Honda Activa of the deceased from back side, as a result, the deceased and her relative were fell down on the road and sustained grievous injuries. Immediately after the accident, the deceased was shifted to Care Hospital, Banjara Hills, Hyderabad, where she succumbed to injuries while undergoing treatment. On a complaint, a case in Crime No.264 of 2011 has been registered against the driver of the offending vehicle. According to the claimants, the deceased was hale and healthy prior to the accident and she was running business under the name and style of M/s. New Sri Sai Stores and also doing L.I.C. business and earning Rs.50,000.00 per month. It is the further case of the claimants that due to sudden demise of the deceased, the claimants lost their source of income and also love and affection. Therefore, the claimants laid a claim against the respondents, seeking compensation of Rs.65,00,000.00under various heads.