NATIONAL INSURANCE CO LTD Vs. N GANGADEVAMMA

JUDGEMENT

(1.) THIS case furnishes yet another example of fraud being played in order to claim compensation by hook or crook. A case of murder is sought to be converted into one of a road accident and compensation was sought. MACT allowed the claim petition filed by the respondents claimants. Aggrieved by the award of the MACT, the Insurance Company is therefore in appeal.

(2.) THE facts of the case according to the respondents-claimants briefly stated are to the effect that on 30. 6. 1995 deceased Srirama Reddy was travelling in a motor vehicle as a pillion rider and it was driven by one Adinaraya Reddy and when the vehicle came near a temple, a tractor which was coming from Kalantharayana Gudde side dashed to the motor cycle and following the said accident, both the rider as well as the pillion rider of the motor cycle sustained injuries and the latter Srirama Reddy died. Qaim petition was filed by the wife and children of the deceased and on behalf of the claimants PW-1 Gangadevamma, wife of deceased Srirama Reddy, PW-2 Ramakrishna, an eye witness to the accident and PW-3 - Adinarayana Reddy who was the rider of the motor cycle were examined and number of documents as per Ex. P. 1 to P. 16 were also marked. On behalf of the respondent, Insurance Company, R. W. 1 to R. W.-3 were examined and documents R-1 to 3 were marked. The learned Presiding Officer of the MACT after considering the evidence on record came to the conclusion that it was a case of accident and not a case of srirama Reddy having been murdered and therefore based on the material placed, the MACT finally allowed the claim petition and put the liability on the Insurance Company to satisfy the award amount of Rs. 2,37,000/ -. The Insurance Company aggrieved by the said award of the tribunal has come up in appeal.

(3.) HEARD the submissions made by the learned Counsel Sri B. C. Seemarama Rao for the insurance Company and learned Counsel Sri Mohankumar K. Y. for the respondents claimants and I have carefully perused the entire material on record.