HINDUSTHAN IDEAL INSURANCE COMPANY LIMITED Vs. POKANTI ANKAIAB

JUDGEMENT

(1.) (Judgment of the Court delivered by Gopal Rao Ekbote /.) 1. This is an appeal from the judgment of our learned brother Krishna Rao J., given in A. A. O. No. 175 of 1965 on 6-2-1968. The 1st respondent filed O. P. No. 94 of 1963 before the Claims Tribunal, Secunderabad under Section 110-A of the Motor Vehicles Act, hereinafter referred to as "the Act" claiming Rs. 20,000/- as compensation on account of the death of his son Ramulu. Ramulu was 19 years old on the date of his death. He was run over by a lorry No. APJ 979 on 9-9-1963 and his death was caused solely by the fault of the driver. The lorry was owned by the 2nd respondent and was driven on that date by the 3rd respondent, the driver. Ramulu was a peon in the office of the Andhra Pradesh Khadi and Village Industries Board, Hyderabad. The lorry has insured against third party risk. The Insurance company was made a party to the Claim petition.

(2.) The Insurance company admitted that the vehicle APJ 979 was insured with the company for the period commencing from 16-10-1962 to 15-10-1963. It was averred that the claim of Rs.20,000/- as compensation was excessive and legally untenable. It was contended that the company was liable only to the extent of the loss suffered. The 2nd respondent, the owner of the vehicle, remained exparte throughout. At the time of arguments, however, he filed an application to set aside the ex parte order. There upon he was permitted to contest from the stage where the proceedings stood at that time. He examined himself and participated in the arguments. The 3rd respondent remained throughout exparte.

(3.) The claims Tribunal framed two issues. After recording the evidence adduced by the parties and marking the documents produced by them, the Claims Tribunal held that the death of Ramulu was due to his having been knocked down by the lorry. It was also held that the owner of the lorry was liable for the compensation. The claims Tribunal determined the quantum of damages at the rate of Rs. 40/- per month for the next 36 years and granted a decree in favour of the petitioners for a sum of Rs. 17,300/-. It held that the petitioner would be entitled to recover the said amount from the Insurance company.