ORIENTAL INSURANCE COMPANY LIMITED Vs. LAKSHMAMMA

JUDGEMENT

(1.) IN this appeal, the appellant / Insurance Company is challenging the liability and also the quantum of the compensation amount awarded vide judgment and award dated 24.04.2007 in MVC No.23/2005 on the file of the Civil Judge (Sr.Dn.) and Additional Motor Accident Claims Tribunal, Chinthamani, (hereinafter referred to as 'the Tribunal' for brevity).

(2.) THE fact is, respondent Nos.1 to 4 being the wife and children of deceased Sri Venkateshappa who died in the vehicular accident on 26.12.2001 at about 7.30 p.m. near Dr.Vemanna Mango Garden, consequent on his death, filed claim petition under Section 166 of the M.V.Act claiming compensation of Rs.15,00,000/ -. Their case was, 'on 26.12.2001, during the night time at 7.30 p.m., the deceased was proceeding on a Hero Honda Motor Bike as a pillion rider near Dr.Vemanna Mango Garden; the offending lorry bearing registration No.AP 13 T 6710 was parked in the middle of the road, without indicator or any signal. The rider of the Motor Bike drove the vehicle in a rash and negligent manner and dashed the parked Lorry, thereby the Hero Honda and Lorry collided. Venkateshappa died at the spot, due to the grievous injuries suffered during the accident.

(3.) THE claim was made jointly against the owners of the Hero Honda Motor Bike, the Lorry and the Insurer of the Lorry. The claim petition was contested by the owner of the Hero Honda and the Insurance Company / Insurer of the offending vehicle.