UNITED INDIA INSURANCE CO LTD Vs. GUGULOTH KHANA

JUDGEMENT

(1.) This batch of appeals arises out of one accident, which took place on 23.5.1991. United India Insur ance Co. Ltd. respondent in the O.Ps. is the appellant in all these appeals.

(2.) On 23.5.1991 a lorry bearing No. AP 26-T 364 belonging to Amruthesh Transport Company started at Warangal with some load of groundnut oil cake to go to Anakapalle in Visakhapatnam. One Malli-karjun was engaged as driver of the said lorry. There was a comprehensive insurance policy for the lorry with United India Insurance Co. Ltd. When the lorry reached near Thorrur village on the way leading to Khammam P.W.D. Road, several villagers were waiting on the road, due to lack of transport facility because of the assassination of Rajiv Gandhi on the previous day (22.5.1991). Then, about 25 persons, including some children and women boarded the lorry. The lorry, after travelling about five kilometres from Thorrur village and reached near Mattedu village, the driver of the lorry applied sudden brakes whereby the lorry turned turtle, as a result of which twelve persons died on the spot and three more persons also died after they were taken to hospital. Ten persons sustained injuries. The claimants, either the injured or the legal heirs of the persons who died in the accident, have filed the O.Ps. against the owner, driver and insurer of the lorry.

(3.) Before the Motor Accidents Claims Tribunal, the driver of the lorry who was served with notices in the O.Ps. remained ex pane. Before the Tribunal, owner of the lorry filed counter, denying the averments in the O.Ps., contending that the driver of the lorry was not responsible for the accident. It was contended that at the time of the accident, another lorry was coming in the opposite direction at high speed in a rash and negligent manner, and to avert accident, the driver of the lorry applied sudden brakes by taking the lorry to the extreme left side of the road. Due to bad condition of the road, the lorry turned turtle resulting in fatal road accident. He also contended that he has given strict