UNITED INDIA INSURANCE CO LTD Vs. K ANJAIAH

JUDGEMENT

(1.) This appeal is filed by the insurance company. OP No. 109 of 1999 was filed by the claimants-respondents herein under Section 166 of the Motor Vehicles Act seeking compensation of Rs.2,50,000/- on account of the injuries sustained by Yadaiah in the motor accident that occurred on 31-12-1998.

(2.) The case of the claimants before the Tribunal was that on 31-12-1998 when the injured claimant (since deceased) along with two persons was going to Vanampally village on a scooter bearing registration No.AP 11B 2488 and when they reached near Ibiza Factory near Sadasivpet, a lorry bearing registration No.ATT 1536 came in the opposite direction with a load of fodder in high speed and dashed the scooter due to the impact of which he Fell down from the scooter and received grievous injuries. It is further stated that on account of the accident he was in the hospital at Sangareddy from 6-2-1998 to 23-2-1999 and ultimately died during the course of the trial of the OP. Thus the claimants laid a claim for Rs.2,50,000/- towards compensation.

(3.) The claim of the claimants was opposed by the appellant-insurance company and the owner of the accident lorry by denying the averments as to the nature of the accident, age, income and avocation of the deceased.