UNITED INDIA INSURANCE CO LTD Vs. SHARAPURAM BALAVVA

JUDGEMENT

(1.) This appeal is filed by the United India Insurance Company Limited against the order dated 03.05.2011 passed in O.P. No. 62 of 2009 by the Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Siddipet. I have heard the learned counsel appearing for the appellant-Insurance Company, learned counsel appearing for the A.P.S.R.T.C. and also the learned counsel appearing for the claimants.

(2.) Mr. S. Balreddy, hereinafter referred to as 'the deceased' while travelling in the bus bearing No. AP-23-U-8523 from Sircilla to village Gangapur on 19.05.2009 fell down from the bus at Ramachandrapuram bus stop at about 7.30 p.m. while he was about to get down from the bus as the driver of the bus started the same in a rash and negligent manner without observing him. He received a severe head Injury and was admitted in Government Hospital, Sircilla, from there he was taken to Gandhi Hospital, Secunderabad where he succumbed to injuries while undergoing treatment.

(3.) The legal representatives of the deceased filed a claim case under Section 163-A of the Motor Vehicles Act, 1988 claiming compensation of Rs. 4 lakhs. Admittedly, Mr. S. Konda Reddy, the 4th respondent in the appeal is the owner of the bus and the bus was on hire with the 5th respondent at the time when the deceased was involved in the accident. It is also an admitted fact that the bus was under a valid policy of the insurance with the appellant at relevant time. The learned Tribunal after making enquiry into the claim, awarded compensation of Rs. 3,37,000/- together with interest @ 9% per annum from the date of petition till realization holding the appellant-insurance company, 4th respondent, owner of the vehicle and the 5th respondent-APSRTC jointly and severally liable to pay compensation to the claimants. The insurance company filed the present appeal questioning the finding of the Tribunal below making it liable to pay compensation along with the owner of the vehicle and the A.P.S.R.T.C. jointly and severally.