- (1.) Leave granted.
(2.) This is an appeal filed by New India Assurance Company Ltd. (for short, "the appellant-company) against the judgment and order of the High Court passed in CIMA No. 303 of 2012, dated 08.03.2013, upholding the award of the Motor Accident Claims Tribunal, Samaba (for short, "the Tribunal ") granting compensation of Rs.1,68,09,089/-, Rs. 2500/-, Rs. 2000/- and Rs. 5000/- under the head i) loss of dependency, ii) loss of Estate, iii) funeral expenses and loss of consortium respectively. The High Court further upheld the award of interest @ 6% and dismissed the appeal.
(3.) The deceased-Venkata Subramanyam Bopana was travelling in a car which belonged to his employer, the M/s Surya Pharmaceutical Ltd. He held the post of Vice President and was due to be promoted as a Managing Director of the aforesaid company. The car was being driven by another person. An accident was occurred on 30.03.2009 in which the deceased died. At the relevant time, his age was about 51 years. A claim Petition was filed under Section 166 of the Motor Vehicles Act, 1988 (for short, "the Act ") by the Widow and the minor son against the appellant-company and others. The respondents-herein omitted to implead the mother of the deceased as a respondent to the Claim Petition. According to them, though it is required by Section 166 of the Act that all the legal representatives be impleaded, they did not do so because the employee was not a legal representative, having relinquished all her rights in respect of Estate of the claimant-widow on 17.02.2010, i.e., after the accident and during the pendency of the Claim Petition.;