K. KRISHNAVENI Vs. K. ANWAR BASHA ANR

JUDGEMENT

(1.) Aggrieved by the order dtd. 2/1/2006 passed by the Chairman, Motor Accidents Claims Tribunal-cum-V Additional District Judge (FTC), Anantapur, (for short "the Claims Tribunal) in O.P.No.215 of 2000, the claimants in the said O.P. filed the present appeal.

(2.) The claimants filed the aforesaid original petition seeking a compensation of Rs.2,00,000.00 for the death of one Subbanna in a motor vehicle accident that occurred on 14/7/1999. In the O.P., it is averred that the deceased was aged about 50 years and was doing cultivation and also seasonal business in groundnut. On 14/7/1999, when said Subbanna was returning in a lorry bearing registration No.AP 02T 1566 belonging to the 1st respondent with cement load, the driver of the lorry drove the same in a rash and negligent manner with high speed and dashed against another lorry bearing registration No.AP 03T 8551 near Vadiyampeta on Anantapur-Gooty National Highway, as a result of the same, said Subbanna succumbed to injuries, while he was being shifted to Government Hospital, Anantapur. The claimants, while claiming a compensation of Rs.2,00,000.00, examined P.Ws.1 to 3 and got marked Exs.A.1 to A.9.

(3.) The 1st respondent-owner of the vehicle was remained ex parte. The 2nd respondent-Insurance Company filed a counter resisting the NJS,J MACMA No.748 of 2006 claim of the claimants inter alia contending that the deceased travelled in a goods vehicle, which is meant for carrying goods, as an unauthorized passenger and therefore, the Insurance Company is not liable to pay any compensation. The 2nd respondent-Insurance Company examined R.W.1 and got marked Exs.B.1 to B.7.