UNITED INDIA INSURANCE CO LTD Vs. G SAROJA

JUDGEMENT

(1.) G. Srinivas, the son of the 1st Respondent, and brother of the 2nd Respondent, was going by walk on the left side of the road, at Ramanthapur, Hyderabad, at 10.15 a.m., on 10-05-2000. A scooter bearing No. AP-10-E-6639, owned by the 3rd Respondent and insured with the Appellant, coming from Uppal side, dashed against him. Srinivas was shifted to Osmania General Hospital, and he succumbed to injuries, six days thereafter, on 16-05-2000. Crime No. 143 of 2000 was registered against the rider of the scooter by the Police Station, Uppal.

(2.) Stating that the deceased was aged 23 years and earning Rs. 4,350/- per month, as a Mechanic at Modern Engineers, Patelnagar, Hyderabad, the Respondents 1 and 2 filed O.P. No. 1598 of 2000, in the Court of the Motor Accidents Clams Tribunal-cum-Additional Special, Judge for SPE & ACB Cases-cum-V Additional Chief Judge, City Civil Court, Hyderabad (for short 'the Tribunal'), claiming a sum of Rs. 4 lakhs, as compensation.

(3.) The 3rd Respondent filed counter, admitting the occurrence of the accident and death of the deceased, on account of the same. He denied his liability to pay the compensation. The Appellant herein has also filed counter. The very occurrence of the accident was denied, and the age and avocation of the deceased were disputed. Further allegation was that, the rider of the scooter did not hold valid driving licence. Through its order dated 29-09-2003, the Tribunal awarded a sum of Rs. 2,73,500/- with interest at 9% per annum and apportioned the same among the Respondents 1 and 2. The same is challenged in this appeal.