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2010 Supreme(SC) 1105

AFTAB ALAM, R.M.LODHA
MOHD. AMEERUDDIN – Appellant
Versus
UNITED INDIA INSURANCE CO. LTD. – Respondent


JUDGMENT

Aftab Alam, J. This is the claimants' appeal by grant of special leave arising from a motor accident claim case. The appeal is directed against the judgment and order dated July 28, 2004, passed by the Andhra Pradesh High Court in Civil Miscellaneous Appeal No.2081 of 2004. By the impugned order, the High Court partly allowed the appeal filed by the Insurance Company (the respondent herein) and reduced the amount of compensation awarded by the Tribunal under the head "loss of earnings" from Rs.5,00,000/- to Rs.2,60,000/-. The appellants' son namely, Aslamuddin died in a motor accident on October 22, 1997. He worked as a Cleaner on the lorry tanker that met with the accident. His parents, the present appellants filed a claim application (O.P. no.954 of 1997) before the Motor Accident Claims Tribunal (Additional District Judge), Nizamabad claiming Rs.5,00,000/- as compensation for his death. Before the Tribunal, the proceedings were held ex parte against the owner of the tanker but the respondent, the insurer of the vehicle appeared and resisted the claim of the appellants. The Tribunal found that the accident took place due to rash and negligent driving by the driver of the


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