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1998 Supreme(AP) 727

VAMAN RAO
Oriental Insurance Co. Ltd. , Karimnagar – Appellant
Versus
Suthari Lingaiah – Respondent


VAMAN RAO, J.

( 1 ) THIS appeal is directed against the quantum of compensation awarded by the Tribunal in the MV OP No. 473 of 1990 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Karimnagar. The appellant is the Insurance Company which insured the vehicle involved in the accident. Respondents 1 to 5 are the petitioners-claimants before the Tribunal and Respondents 6 and 7 are owner and driver of the vehicle involved in the accident. The learned Tribunal awarded compensation of Rs. 91,000. 00 for the death of the deceased-Suthari Chilakamma, who is the wife of Petitioner No. 1 and the mother of Petitioners Nos. 2 to 5 in the Tribunal.

( 2 ) THE appeal is based on a simple question, namely whether the Tribunal was in error in awarding compensation in excess of that claimed in the petition.

( 3 ) A perusal of the judgment and Award under appeal would show that the petitioners claimed compensation for a sum of Rs. 70,000. 00. But, surprisingly, the Award has been passed granting compensation in a sum of Rs. 91,000. 00.

( 4 ) THE learned Counsel for the appellant herein Sri K. Subba Rao rightly points out that the compensation could not have been awarded in exces



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