NATIONAL INSURANCE CO LTD Vs. NAREDLA LAXMI

JUDGEMENT

(1.) This is an appeal filed by the Insurance Company against the award, dated 25.7.2007, in MVOP No.792 of 2004, on the file of the Motor Accidents Claims Tribunal (1-Additional District Judge) at Khammam (for brevity "the Tribunal"), wherein the Tribunal awarded a sum of Rs.2,00,000/- as compensation in favour of the respondents (hereinafter referred to as the claimants) under the provisions of Section 166 of the Motor Vehicles Act, 1988.

(2.) The claimants, who are the legal representatives, claimant No. 1 being the wife and claimants 2 and 3 being the sons of one Naredla Ramulu (here in after referred to as the deceased), filed the MVOP referred to above and sought for compensation for a sum of Rs.2,00,000/- for the death of the deceased.

(3.) The said issue came to be framed as the Insurance Company took an objection that the insurance policy issued in respect of the offending vehicle did not cover the coolies travelling in the vehicle. Claimant No.1 examined herself as PW1 and examined another, who is said to be an eye-witness to the accident, as PW2. THE owner of the vehicle examined himself as RW1. THE Insurance Company did not adduce any evidence. On consideration of the evidence, the Tribunal held that the Insurance Company failed to establish that the deceased was travelling in the offending vehicle as an unauthorised traveller.