NATIONAL INSURANCE CO LTD VISAKHAPATNAM Vs. KARIBILLI APPALANARASA

JUDGEMENT

(1.) THE appeal is filed by the Insurance Company questioning the liability for payment of compensation. The claim was made for a sum of Rs.3,50,000.00 consequent on the death of deceased-Audinarayana in a motor accident. He was said to be '58 ' years and working as a mason and earning about Rs.4,000.00 per month. On 23-07-1999 when the deceased was going on his cycle, a Tripper being driven by its driver in a rash and negligent manner dashed against the deceased, as a result of which, he received multiple injures and succumbed to death. The first petitioner is the wife and petitioners 2 to 4 are children. The first respondent is the driver and the second respondent is the owner and 3rd respondent is the Insurance Company and they are jointly and severally liable to pay the compensation.

(2.) THE appellant herein filed a counter contending that the driver of the vehicle was not having a proper licence and he was only authorised to drive a light motor cycle where as the Tipper is a heavy motor vehicle. The nature of the incident and the nature of the dependency are disputed. The lower Tribunal after considering the evidence on record held that the incident was due to the fault of the driver of the Tipper and considering the age and earning capacity, granted a compensation of Rs.1,75,000.00 and fastened the liability to the appellant. The appellant herein questioned the liability on the ground that the driver had no valid driving licence.

(3.) ACCORDINGLY , the Appeal is dismissed. No costs.