NEW INDIA ASSURANCE CO LTD Vs. ANGA CHINNABABU

JUDGEMENT

(1.) On a claim petition filed by the parents, on the account of the death of a boy aged about nine years who is very potential and earning and assisting his parents in agriculture, claimed a sum of Rs.20,000/-.

(2.) The Tribunal found that a lorry driver drove the vehicle rashly and negligently, basing on the direct testimony of an injuried person, who also filed another O.P. The presence of the injured person at that point of time has been established and it cannot be denied. Nothing has been elicited in his cross-examination to discredit his testimony that he is coming out with some story which did not took place. So the lower Court was perfectly justified in accepting the direct testimony and arriving at the conclusion that the accident occurred due to the rash and negligent driving of the driver of the lorry and having found that the rash and negligent act is there, lower Court fixed the liability on the Insurance Company also and awarded an amount of Rs. 15,000/- to the claimants in O.P.55/84. The Lower Court came to the conclusion that there is a policy and the Insurance Company is liable.

(3.) Aggrieved by the same, the Insurance Company who is the appellant herein has filed this appeal.