NAVEEN KUMAR Vs. ICICI LOMBARD GENERAL INSURANCE

JUDGEMENT

(1.) This appeal is filed by the owner of the vehicle challenging the judgment and award passed by the tribunal in MVC No.1197/2010, questioning the liability fixed on him to pay compensation.

(2.) Brief facts of the case are that, on 28/4/2010 at 05.30 a.m. when the deceased Chittemma and others who were coolies, were traveling in a goods carriage MMV (Escher DCM) vehicle bearing No.AP-02/U-6155 from Rayadurga to Hyderabad, when the vehicle reached near Sivar of Rajapur, the driver drove the vehicle in a rash and negligent manner. As a result, the luggage box kept in the vehicle fell on the back of Chittemma and she sustained injuries and succumbed to the injuries while under treatment. Therefore, the claimants who are parents of the deceased dependent upon her income have preferred a claim petition under Sec. 166 of Motor Vehicles Act, 1988, (for short, hereinafter referred to as ' M.V. Act ') before the Tribunal. The Tribunal has awarded compensation of Rs.3,56,500.00 to claimant No.2 fixing the liability on the owner of the vehicle to pay compensation. Therefore, the owner of the vehicle is before this Court in this appeal questioning the liability fastened on him to pay compensation.

(3.) Heard the arguments and perused the material placed before the Court.