NATIONAL INSURANCE CO LTD Vs. KUNAM DHANA LAKSHMI

JUDGEMENT

(1.) This appeal is directed against the order, dated 12.10.2010, in M. V. O. P. No. 573 of 2006 on the file of the learned Additional Motor Accident Claims Tribunal-cum-Family Court, S. P. S. R. Nellore, wherein the claim of the respondents 1 to 5 herein, was allowed in part awarding compensation of Rs. 4,29,500/- with interest @ 7.5% p. a. from the date of the petition. Heard learned counsel for the appellant and the learned counsel for the respondents 1 to 5. None appeared for the 6th respondent though served with notice. Perused the record.

(2.) Respondents 1 to 5 herein filed the claim application seeking compensation of Rs. 5,70,000/- for the death of the deceased-Gundavarapu Venkatrami Reddy, who died in a motor vehicle accident that occurred on 18.01.2004. According to the claimants, on that day, the deceased and one Kunam Ravindra Reddy boarded a lorry bearing No. AP 31U 2849 at Ongole to go to Kavali and on the way, one Syed Khadar Basha boarded the lorry at Ulavapadu and when the vehicle reached the outskirts of Chagellu village, on account of the rash and negligent driving of the vehicle by its driver, the said Ravindra Reddy and Khadar Basha died on the spot and the deceased and the cleaner of the lorry received grievous injuries and immediately they were shifted to Government hospital, Kavali for treatment. Later the deceased was shifted to Vijaya hospital, Nellore where he was inpatient for three days and from there to Vijaya Health Centre, Madras where he was inpatient upto 05.02.2004 and succumbed to the injuries on the same day. A case in Cr. No. 5 of 2004 was registered against the driver of the lorry. According to the claimants, the deceased was doing cultivation and earning Rs. 3,000/- per month.

(3.) 6th respondent herein-owner of the vehicle was set ex parte. Appellant-insurer filed a counter opposing the claim and denying their liability, inter alia, on the ground that the deceased was a gratuitous passenger and the policy does not cover the risk in respect of such person and therefore the appellant-insurer is not liable for payment of compensation.