UNITED INDIA INSURANCE CO LTD Vs. VENKATARAMAPPA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellantInsurance Company against the judgment and decree dated 31.07.2013, made in M.C.O.P. No.37 of 2013, on the file of the District Judge, Special District Court, (Motor Accident Claims Tribunal), Krishnagiri District.

(2.) The appellant is the 2nd respondent in M.C.O.P. No.37 of 2013, on the file of the District Judge, Special District Court, (Motor Accident Claims Tribunal), Krishnagiri District. The respondents 1 to 4/claimants filed the said claim petition, claiming a sum of Rs.10,00,000/- as compensation for the death of one Gopinath who died in the accident that took place on 26.11.2010.

(3.) According to the respondents 1 to 4, on the date of accident, the deceased and his friends boarded an Auto bearing Registration No. AP-03-X4633 belonging to the 5 th respondent, from Jownipalli village to go to Mogili Temple to perform irumudi to go to Lord Iyappa temple. While nearing Mogili Ghat road, on seeing a vehicle coming from wrong side of the road with great speed, the driver of the Auto turned the Auto to the left side of the road in a rash and negligent way. Due to the negligent act of the driver of the Auto, the Auto turtled on the road side and thus the accident occurred. In the accident, the deceased sustained fatal injuries. Hence, the respondents 1 to 4 filed claim petition claiming compensation against the 5 th respondent as owner and appellant as insurer of the vehicle.