NATIONAL INSURANCE COMPANY LTD. Vs. SAKE GANGANNA

JUDGEMENT

(1.) Aggrieved by the order dtd. 21/1/2013 in M.V.O.P. No.217 of 2011 passed by the Chairman, Motor Accidents Claims Tribunal- cum-I Additional District Judge, Anantapur (for short 'the Tribunal'), the 2nd respondent/ National Insurance Company Limited represented by its Divisional Manager, Anantapur, has preferred this appeal questioning the award of compensation an amount of Rs.5,15,000.00 by the tribunal with proportionate costs and interest.

(2.) For convenience, the parties will hereinafter be referred to as they were arrayed in the M.V. O.P.

(3.) The claimant has filed the claim petition under Ss. 140 and 166 of the Motor Vehicles Act, 1988 to grant compensation of Rs.6,00,000.00 for the death of Sake Vengamuni (hereinafter referred to as 'the deceased'), who is the son of the claimant No.1 and 2 and brother of claimant No.3 and 4, in a motor accident that occurred on 28/8/2010 at about 00:30 hours, during night time while the deceased was travelling as a Cleaner in the DCM Van bearing No. AP 31 TT 6365, at the out outskirts of Addakal Village on N.H.7 road in Mahaboob Nagar District, one lorry bearing No. AP 16 TV 0588 (herein after referred to as 'crime vehicle') which was going ahead was suddenly stopped on the middle of the road for picking up some passengers and luggage, the driver of the lorry has not applied any signals while stopping the lorry suddenly in midst of the road without giving any indicators, as a result of which, the DCM Van dashed against the lorry, thereby the deceased sustained grievous injuries all over the body and he was shifted to G.G.H., Mahaboobnagar and succumbed to death while undergoing treatment.