NEW INDIA ASSURANCE CO LTD Vs. K DEVI

JUDGEMENT

(1.) The appellant, New India Assurance Co. Ltd., represented by its Deputy Manager, filed the present appeal challenging the order dated 8.2.2008 passed in M.V.O.P. No. 1244 of 2006 by the Chairman, Motor Vehicle Accidents Claims Tribunal-cum-XXI Additional Chief Judge- cum-VII Addl. Metropolitan Sessions Judge, City Criminal Courts, Hyderabad.

(2.) The parties hereinafter will be referred to as they are arrayed before the Tribunal for the sake of convenience.

(3.) The claimant No. 1 is the wife and the claimant No. 2 is the mother of the deceased Balu Naik. The respondent No. 1 is the owner of the vehicle bearing No. AP 28-U 9797 and the respondent No. 2 is the insurance company with which the vehicle was insured. The case of the claimants is that on 2.11.2005 at about 6 p.m. the deceased was travelling in P/Van bearing No. AP 28-U 9797 with cement covers. When the said vehicle reached the outskirts of Kondurg village, its driver drove the vehicle in a rash and negligent manner, as a result of which vehicle turned turtle and the deceased sustained grievous injuries. He was shifted to Osmania General Hospital. However, while he was undergoing treatment, he succumbed to the injuries on 3.11.2005. The police at Kondurg Police Station, registered a case in Crime No. 79 of 2005 under sections 337 and 304-A, Indian Penal Code. The case of claimants is that the deceased was a labourer and earning Rs. 4,500 per month and, therefore, the claimants claimed compensation of Rs. 3,00,000 from the respondents.