HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A. No.3359 of 2011 Date: December 09, 2011 Between: The Branch Manager, Rep. by its National Insurance Co., Ltd., Koritepadu, Guntur. … Appellant And 1. Jonnalagadda Lakshmipathi Somaylajulu, and 4 others. … Respondents * * * HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A. No.3359 of 2011 JUDGMENT: This appeal is filed by the insurance company questioning the compensation granted consequent on the death of the deceased Sriram in a motor accident. 2. According to the claimants, on 04.7.1999 while the deceased and one K.J. Udayashankar were going on a scooter AP 7J 5439, due to rash and negligent driver of the same by Udayashankar, it hit road divider and the deceased, who was a pillion rider, fell down and received injuries and died. The claimants are father, mother and brothers of the deceased. The first respondent is the owner of the scooter and the second respondent is the insurance company. A claim was made for compensation of Rs.1.00 lakh. 3. After considering the material on record, the lower Tribunal has granted a compensation of Rs.1.00 lakh. Aggrieved by the same, the present appeal is filed. 4. The point for consideration is whether the quantum of compensation granted by the lower Tribunal is legal and the appellant is liable to pay the same? 5. Point: Evidently, about the cause of incident and the death of the deceased are concerned there is no dispute. The only contention on behalf of the appellant is that the driver of the scooter was not having valid licence and he was a minor by that time and consequently there is violation of conditions of the policy and the insurance company is not liable to pay any compensation. But however, there is no denial about the fact that the pillion rider is covered by the policy and consequently becomes a third party. If such is the case, the insurance company cannot contend that as the driver of the vehicle was not having proper licence and it is not liable. 6. So far as the quantum of compensation is concerned, though the lower Tribunal has taken into consideration the earning capacity and all other things, the amount of compensation granted is only Rs.1.00 lakh and the deceased was said to be aged about 15 years and consequently it cannot be said that the quantum of compensation granted by the lower Tribunal is excessive. 7. In view of the above circumstances, I do not find any infirmity in the judgment of the lower Tribunal and the appeal is accordingly dismissed. No costs. _____________________________ N.R.L. NAGESWARA RAO, J. Date: December 09, 2011. BSB