NATIONAL INSURANCE CO LTD HYDERABAD Vs. MUTHADI LAXMI

JUDGEMENT

(1.) The appeal is directed against the award in OP No. 1386 of 2001 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Nalgonda, dated 19.7.2004. Muthadi Narasimha Reddy going by scooter was dashed against by tanker lorry AP 31 W 2225 on 23.9.2001 killing him on the spot. His wife, four daughters and mother claimed a compensation of Rs. 5,00,000/- from the owner and insurer of the tanker lorry and on the death of the owner during the pendency of the claim, his son was impleaded as the 3rd respondent/legal representative of the deceased 1st respondent.

(2.) While the owner, the 3rd respondent, remained ex parte, the insurer denied the allegations of the claimants, attributed contributory negligence to the deceased and denied any liability to pay compensation.

(3.) PWs. 1 and 2 were examined and Exs. A1 to A8 and B1 were marked during enquiry.