ORIENTAL INSURANCE COMPANY LIMITED Vs. KUNAPAREDDY SAROJA

JUDGEMENT

(1.) The Oriental Insurance Company Limited preferred this Appeal aggrieved by the order dated 06.05.2009, passed in O.P. No. 685 of 2006 on the file of Motor Accidents Claims Tribunal-cum-I Additional District and Sessions Judge, Ranga Reddy District at L.B. Nagar, Hyderabad, whereunder the claim petition filed by the respondents 1 to 3 herein, under Section 166 of Motor Vehicles Act, 1988 (For short, 'the Act'), was allowed awarding compensation of Rs. 12,96,872/- as against the original claim of Rs. 10,00,000/-. The appellant herein was the second respondent and the respondents 1 to 3 herein were the petitioners-claimants and fourth respondent herein was first respondent before the Tribunal in O.P. No. 685 of 2006. For the sake of convenience, the parties hereinafter will be referred to as appellant and respondents.

(2.) Respondents 1 to 3 herein filed the claim petition before the Tribunal, under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs. 10,00,000/- under various heads, for untimely death of K. Veerendra Babu, who happened to be son of first and second respondents and younger brother of third respondent, in a road accident that occurred on 31.05.2006 at about 11:30 p.m. while Veerendra Babu was proceeding on a Hero Honda motor cycle bearing No. AP29J 4998 and when reached near petrol pump, Chintalkunta, a lorry bearing No. WB-19-A-0877, being driven at high speed in rash and negligent manner, without following the traffic rules, dashed the motor cycle of Veerendra Babu from its rear side, as a result of which Veerendra Babu, rider of the motorcycle along with his friend pillion rider fell down; Veerendra Babu succumbed to injuries on the spot and his friend, who was a pillion rider, sustained grievous injuries. Thus, the accident occurred only due to rash and negligent driving of driver of lorry bearing No. WB-19-A-0877.

(3.) Immediately, the accident was reported to Police concerned and the same was registered as a case in Crime No. 469 of 2006 for the offences punishable under Sections 304-A and 337 of I.P.C. against the driver of lorry and issued F.I.R., marked as Ex. A-1. Deceased Veerendra Babu was the only son to his parents, hale and healthy at the time of accident and aged 19 years, studying B.Tech., I year and was a brilliant student having bright future, had he been alive he would have earned not less than Rs. 10,000/- p.m. but due to sudden death of Veerendra Babu, respondents 1 to 3 being parents and un-married sister lost the dependency, love and affection, future income and loss of estate etc., Fourth respondent herein, was the owner of lorry bearing No. WB-19-A-0877 and the appellant herein, was insurer of the vehicle and since the accident occurred due to rash and negligent driving of the driver of lorry, whom the fourth respondent herein engaged as driver, insurance policy was subsisting as on the date of accident covering the risk of third parties, appellant being insurer of the vehicle is liable to indemnify the loss sustained by fourth respondent, owner of the vehicle. Hence, the appellant and fourth respondents are, jointly and severally liable to pay compensation and prayed to award total compensation of Rs. 10,00,000/- for untimely death of Veerendra Babu in the road accident.