O.PADMAVATHI PADMAMMA Vs. CHALLA SRINIVASULU

JUDGEMENT

(1.) The injured claimant is the appellant. On account of the injury suffered in a motor accident on 27.06.2003 at 2.00 a.m. near Gulladurthi village on Jammalamadugu-Koilkuntla road, when she was traveling in a jeep No. AP 21-VK-5244, she made this claim against the respondents 1 and 2. The 1st respondent is the owner of the offending jeep and whereas the 2nd respondent is its insured.

(2.) The 2nd respondent alone contested the matter on the ground that there was violation of terms of insurance policy and therefore it is not liable to satisfy the claim of the appellant. It also contended that the offending jeep had no permit and that the person, who was driving the same, had no valid licence. It further contended that the appellant had no income as claimed her and that the claim excessive.

(3.) Before the Tribunal, basing on the pleadings, the following issues were settled: