LAWS(APH)-2010-2-18

UNITED INDIA INSURANCE CO LTD Vs. METTU SAROJANA

Decided On February 17, 2010
UNITED INDIA INSURANCE CO. LTD., KAKINADA,EAST GODAVARI DISTRICT Appellant
V/S
METTU SAROJANA Respondents

JUDGEMENT

(1.) This motor accident civil miscellaneous appeal arises out of award dated 26.9.2006 in O.P. No. 52 of 2005, on the file of the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, Warangal (for short 'the Tribunal'), whereby the Tribunal awarded a sum of Rs. 8,86,484 as compensation for the death of the husband of respondent No. 1 and father of respondent No. 2.

(2.) During the pendency of this appeal, respondent No. 1 died. It is not in dispute that respondent No. 2 is the sole surviving legal heir of respondent No. 1. Therefore, the cause of action survived against the respondent No. 2 alone.

(3.) I have heard Mr. T. Mahender Rao, learned counsel for the appellants-United India Insurance Co. Ltd., Mr. Jayanthi S.C. Sekhar, learned counsel for the respondent No. 2, and Mr. K. Venkatesh Gupta, learned counsel for respondent No. 3-the owner of the lorry which caused the accident.