NATIONAL INSURANC CO LTD HINDUPUR Vs. VADDE SUSHEELAMMA

JUDGEMENT

(1.) This appeal is directed against the order dated 22.12.2008 in OP No. 115 of 2006, on the file of the Chairman, Motor Accidents Claims Tribunal-cum-Additional District Judge, Hindupur (for short 'the Tribunal'), wherein the claim of respondents 1 and 2 herein was allowed, awarding compensation of Rs. 4,00,000/- with interest at 6% per annum from the date of petition. Heard the learned Counsel for the appellant. None appeared for the respondents and no representation is made on their behalf. Perused the record.

(2.) Respondents 1 and 2 herein filed the claim application seeking compensation of Rs. 4,00,000/- on account of death of the deceased Vadde Somasekhar, who died in a motor vehicle accident that occurred on 30.3.2005. The first claimant is the wife and the second claimant is father of the deceased. According to the claimants, the deceased was working as driver of Eicher lorry bearing No. P16 W 9529 and that on 30.3.2005 he was driving the said lorry to Chennai with a load of tamarind from Hindupur and when the lorry reached Kandlamadugu on Kadiri-Madanapalle main road, the deceased drove the lorry in a rash and negligent manner and dashed against a tree, resulting in death of the deceased on the spot. A case in Cr. No. 22 of 2005 was registered by the police. It is further pleaded that the deceased was earning Rs. 6,000/- per month.

(3.) The owner of the lorry, the 4th respondent, filed the written statement contending that the crime vehicle was having valid insurance policy covering the risk and he is not liable to pay the compensation. The appellant-insurer filed written statement contending that the accident occurred due to the rash and negligent driving of the deceased and hence the appellant is not liable to indemnify and the claimants ought to have filed petition before the workmen compensation Tribunal. It was also contended by the appellant-insurer that the driver was not having valid driving licence.