NATIONAL INSURANCE CO LTD Vs. VELDI CHANDRA SEKHAR

JUDGEMENT

(1.) This appeal arises out of an order dated 17.01.2007 passed in O.P. No. 1282 of 2002 by the Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge (FTC-II), Khammam whereby the claim petition of the respondents herein was allowed with costs by granting an amount of Rs. 2,00,000/- besides the claim under Section 140 of the Motor Vehicles Act for Rs. 50,000/- with interest at the rate of 7.5% per annum.

(2.) The facts leading to the filing of this appeal can be summarized as follows:

(3.) The appellant-insurance company filed counter disputing the age, avocation and earnings of the deceased. They also disputed the manner of the accident, occurrence and the alleged involvement of the lorry and alleged that the deceased himself was negligent in driving of the lorry and was instrumental in causing the alleged accident. They denied that they issued a policy covering the risk of the deceased and the lorry. The insurance company would indemnify the liability of the deceased against third parties only. The insurance company is not liable to pay damages for the death of the deceased. They disputed that the claimants are the only legal heirs of the deceased. Further, the claim made by the claimants is highly excessive and exorbitant.