UNITED INDIA INSURANCE CO LTD Vs. AHEMD BEE

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondents/petitioners.

(2.) The facts to the extent relevant for consideration are, on 18-05-2014 Syed Akram along with his brother Syed Feroz while proceeding from Sulthanpur Village to Sanga Reddy and when they reached Thaddanpally Chourasta at about 2 pm, one Tata Ace vehicle coming from their opposite direction dashed against their two wheeler, which resulted in bleeding injuries and their instant death. Alleging that said accident occurred due to rash and negligent driving by the driver of Tata Ace and on account of sudden demise of Syed Feroz, respondents have lost bread winner in addition to loss of family member and his love and affection, they filed MVOP.No.1943 of 2014 before the Motor Accident Claims Tribunal-cum-XIV Additional Chief Judge's Court, (F.T.C.), Hyderabad (for short "the Tribunal") claiming compensation of Rs.10.00 lakhs. Petitioner No.1 is mother and petitioners 2 to 4 are sisters. Learned Tribunal held that accident occurred due to rash and negligent driving by the driver of Tata Ace and held that respondents/petitioners are entitled to compensation. His family members claimed that deceased was successfully running Fast Food Center. Therefore, on account of his sudden demise, they lost amounts contributed by deceased to the family. Treating that his family was wholly dependant on the contribution of deceased along with assertion that income of deceased was Rs.5,000/- per month, added 50% of said income as future loss of earnings and holding that family consists of widowed mother and three sisters, contribution to the family of deceased was treated as 75% and by adding statutory benefits, Tribunal arrived at compensation payable as Rs.10,85,000/- with interest @ 7.5% per annum.

(3.) The Insurance Company assails the order of the Tribunal on the quantum of compensation determined.