THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No. 2560 of 2011 JUDGMENT: The appeal is filed against the order dated 20.09.2004 in O.P.No.615 of 1997 on the file of the Motor Accident Claims Tribunal- cum-I Additional District Judge, Mahabubnagar questioning the quantum of compensation. The case of the petitioners is that the deceased Kishtamma was said to have died in a motor accident on 21.05.1996 while she was crossing the road at Yerravalli, the ambulance bearing No.AP-10-C- 9054, which was driven in a rash and negligent manner, dashed against her and she received injuries and when she was taking to Kurnool she died. The petitioners are the claimants and they sought compensation of Rs.1,50,000/-. The 1st respondent-owner remained ex parte and the 2nd respondent-insurance company filed counter putting the petitioners to strict proof of the rashness and negligence, the cause of death of the deceased and also her earning capacity. After considering the evidence of P.Ws.1 and 2 and Exs.A-1 to A-4, the lower Tribunal accepted the cause of the accident, however, found that the deceased also contributed by negligence and granted compensation for injuries to a tune of Rs.40,000/- and the insurance company was directed to pay a sum of Rs.24,000/- towards 60% negligence. Aggrieved by the said order, the present appeal is filed. The point for consideration is whether the compensation granted by the lower Tribunal is just and reasonable? POINT: In this case, evidently, the claim was made for the death of the deceased. In para No.12 of the order, the lower Tribunal has specifically held that the deceased sustained head injury in the motor accident due to the rash and negligent driving of the offending vehicle and as there is no proof of cause of death, it was found that the petitioners failed to prove the same. In this connection, after long time the complaint was given to the police and inquest was held over the dead body of the deceased after exhumation of the same. Ex.A-5 is the copy of the inquest report. In this connection, it is to be noted that there is said to be a head injury to the deceased and the evidence of P.W.1 assumes importance. The evidence shows that due to the injuries, the deceased was being taken to the hospital and on the way the deceased died. Therefore, in view of the above circumstances, it is not held that the petitioners have failed to prove the cause of death when once the receiving of the head injury in the motor accident is believed by the lower Tribunal. Therefore, taking into consideration the above aspects, a compensation of Rs.1,00,000/- (Rupees one lakh only) is awarded on all counts and 60% of that amount shall be paid by the insurance company as found by the lower Tribunal. On the enhanced amount the interest shall be at 6% per annum. With the above modification, the appeal is allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 29-10-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2560 of 2011 DATE: 29-10-2011 MR