UNITED INDIA INSURANCE COMPANY LIMITED Vs. LINGAMPALLY MONDI

JUDGEMENT

(1.) Respondents 1 to 3 filed O.P.No.269 of 1996 in the Motor Accidents Claims Tribunal, Adilabad, against respondents 4 and 5 and the appellant, seeking compensation of Rs.1,34,000/- consequent on the death of L.Rajakka (deceased), wife of 1st respondent and mother of respondents 2 and 3, alleging that on 23-5-1996 when the deceased, who was earning Rs.2,000.00 per month as a vegetable vendor, was traveling in a jeep bearing No.AHT.9521 belonging to the 4th respondent, being driven by 5th respondent and insured with the appellant, from Bellampally to Ghanapur, she fell out of the jeep due to the rash and negligent driving of the 5th respondent and sustained a head injury and died on the spot.

(2.) Respondents 4 and 5 remained ex parte. Appellant filed its counter putting respondents 1 to 3 proof of the averments in the petition, and contending that it is not liable to pay compensation because the deceased was traveling in the jeep, as a fare paying passenger though it is not meant to be used as a taxi.

(3.) In support of their case, respondents 1 to 3 examined two witnesses as P.Ws.1 and 2 and marked Exs.A1 to A4. In support of its case, appellant examined one witness as RW.1 and marked Ex.B1 on its behalf. On the basis of the evidence on record, the Tribunal held on issue No.1, which relates to the question whether the accident occurred due to the rash and negligent driving of 5th respondent, in favour of the respondents 1 to 3. On issue Nos.2 and 3, relating to the quantum and the liability of respondents 4 and 5 and the appellant, it held that respondents 1 to 3 are entitled to Rs.1,34,000.00 from respondents 4 and 5 and appellant jointly and severally, with interest at 15% per annum from the date of petition till the date of payment, and passed an award accordingly. Aggrieved thereby, this appeal is preferred by the insurer of the vehicle involved in the accident.