P. YADAVA RAO Vs. RAMAIAH S/O. SRIRAMULU

JUDGEMENT

(1.) This appeal is filed by the claimant challenging the judgment and award dtd. 28/8/2010, passed in MVC No.6/2009, by the learned Fast Track Court-I MACT-IX, Bellary (for short, 'Tribunal'), questioning the judgment and award passed by the Tribunal insofar as fastening of liability on respondent No.2/owner of the lorry bearing registration No.AP- 04/V-5190 by exonerating the Insurance Company.

(2.) It is the case of claimant/appellant that on 22/7/2007, when claimant was going in the Tata Indigo Car bearing registration No.AP-10/AJ-80 from Hospete to Guntakal and at about 11.30 a.m., at Chellagurki Cross, the driver of lorry bearing registration No.AP-04/V-5190 came with high speed and in a rash and negligent manner and dashed the car from hind side. Due to which, the car was damaged. Thereafter, claimant spent of Rs.3.00 lakhs for getting repair of car bearing registration No.AP-10/AJ-80. Therefore, filed the claim petition for claiming damages.

(3.) The Tribunal has awarded a compensation of Rs.45,000.00 along with interest at the rate of 6% per annum, by fastening liability on respondent No.2/owner of lorry, to pay compensation by exonerating the Insurance Company on the reason that insurance policy was cancelled by the Insurance Company, since cheque was dishonoured and an intimation of cancellation of insurance policy was sent to the owner of lorry. Therefore, exonerated the Insurance Company and fastened liability on the owner of lorry.