HEMARAJ AND ORS. Vs. MEHABOOB SUBANI AND ORS.

JUDGEMENT

(1.) SINCE these two appeals are arising out of the common judgment passed by the tribunal and since the common question of law and facts are involved in both the appeals, parties are also same, both the appeals have been taken together to dispose off them by this common judgment.

(2.) M .F.A. No. 30994/2012 is the appeal preferred by the appellant - Insurance Company, challenging its liability on fastening the entire liability on the part of insurance company and also challenging the legality and correctness of the judgment and award passed by the tribunal on the grounds urged in the appeal memorandum of the said insurance company.

(3.) THE case in brief leading to filing of the petition before the tribunal is that on 12 -12 -2010 deceased Mounesh had engaged respondent No. 1's lorry bearing Regn. No. AP -28 -W -8357 for transporting Onion load for selling in Hyderabad and he was also travelling along with the goods in the same lorry. When the said lorry came near Thimmapur village within the limits of Andhra Pradesh, at about 5 -30 a.m., driver of another lorry bearing Regn. No. AP -04 -W -5898 parked his lorry on the middle of NH -7 road near S.B.I. Bank, within the limits of Thimmapur village, without putting any signals as per traffic rules. It is also alleged that driver of the lorry bearing Regn. No. AP -28 -W -8357 drove his lorry in rash and negligent manner with high speed and dashed respondent No. 3's parked lorry from behind. Due to this heavy impact, Mounesh sustained grievous and fracture injuries on the left humerus, right ear and left side ribs and died at the spot. The case was registered against the drivers of both the vehicles in Crime No. 216/2010. Hence the legal representatives of the deceased filed the claim petition before the tribunal.