(Per the Hon’ble Mr.Justice

D. Appa Rao)

This appeal is filed by the Insurance Compony against the award passed by the Motor Vehicles Accidents Claims Tribunal-cum-District Judge, Sarooragar, Ranga Reddy District, in M.V.O.P.No.310 of 1992,dated 09-2-1994 awarding a compensation of Rs,17,10,000/-, The claimants, widow and children of T,Ravi, the cleceosed, filed cross objections against the order disallowing the balance of compensation of Rs.7,90,000/-.

2. Briefly, the facts are that T.Ravi, was an industrialist. He was aged 30 years, earning about Rs.10,000/- per month. While so, on 11-04-1990, when he was going in a jeep AAJ 4004 along with others and by the time they reached Mandinaguda, the driver of the car TSR 2745 belonging to M/s.M.R.Patel & Company, drove it in a rash and negligent manner, in a high speed, rashly and negligently, and dashed against the jeep, when it was coming in opposite direction. Due to which the jeep went off the road, turned turtle and fell down due to which the petitioner-Ravi and others, who were of occupants of jeep, sustained multiple grievous injuries on various parts of the body. Immediately, the injured-Ravi was shifted to Appolo Hospital, Hyderabad, in an unconscious state, went into coma and could not regain consciousness. He was treated in various hospitals, initially, at Appolo Hospitals, Hyderabad. From thereafter, he was shifted to St.Theresa Hospital on 26-08-1990 and treated till 26-05-1991, and later shifted to Nijam’s Institute of Medical Sciences (NIMS), Hyderabad, from 26-05-1991 to 17-10-1991 and finally to his house in the month of June, 1993. He became completely disabled and a total wreck and died in coma. The father, representing him as guardian, filed the petition claiming Rs.10,00,000/- under various heads, and later by way of amendment, enhanced the claim to Rs.25,00,000/-. After the death of the deceased, the wife and children impleaded themselves as Legal Representatives.

3. In the trial Court, R-1 and R-3, the owners of the Car and jeep, respectively, did not contest the matter. Therefore, they were set ex parte.

4. Oriental Insurance Company, the appellant, is the insurer for both the vehicles. It resisted the claim alleging that the accident was due to rash and negligent driving of the driver of the jeep. The police, after investigation, filed a final report before the Judicial First Class Magistrate to the effect that there was no rash or negligent driving on the part of the driver of the car and that the accident was vis major occurred due to the burst of tyre. The insurance policy in respect of the jeep was not comprehensive, and its driver was not covered by the policy and as there was no negligence on the part of the driver, it need not pay any compensation. It put the petitioners to prove various claims made by them in the application, at any rate, the compensation of claim was highly excessive.

5. After enhancement of the claim made by the claimants, the appellant filed additional counter stating that the claims were highly excessive and exhorbitant and out of proportion. The Legal Representatives cannot succeed to the claims nor entitled to the amounts claimed by the deceased.

6. Upon the pleadings, the Court framed the following issues:

1. Whether the accident occurred on 11 -04-1990 at 12.30 noon at Madinaguda was due to the rash and negligent driving of the driver of jeep bearing No.AAJ 4004 or of the car bearing No.TSR 2745 or both resulting injuries to the petitioner.

2. Whether the petitioner is entitled to any compensation? If so, to what amount and against whom?

3. To what relief?

7. The petitioners-claimants in proof of their claim, examined P.Ws.1 to 12 and filed Exs.A-1 to 48, bills. The Insurance Company did not examine any witness. Exs.B-1 to B-7 and C-1 and C-2 were marked on its side.

8. The learned Judge after considering the oral evidence of P.W3, an eyewitness, who traveled in the vehicle and in the light of docum