NATIONAL INSURANCE COMPANY LIMITED Vs. GEDELA MAHALAKSHMAMMA

JUDGEMENT

(1.) This appeal is filed by the National Insurance Company Limited assailing the order dated 24.05.2007 in M.V.O.P. No. 352 of 2004 on the file of the Motor Vehicles Accidents Claims Tribunal-cum- II Additional District Judge (FTC), Srikakulam whereby and whereunder the claimants were awarded Rs. 1,53,000/- with proportionate costs and interest at 7.5% per annum from the date of petition till realization as against the claim of Rs. 2,00,000/- for the death of the deceased in a motor vehicle accident. For the sake of convenience, the parties hereinafter referred to as they arrayed in the M.V.O.P.

(2.) The brief facts of the case that led to filing the present appeal are that on 20.12.2001, the deceased was travelling as cleaner in the auto bearing No. AP30/T-6430 and when the auto reached near three road junction of Nowpada village, at about 8.45 a.m., the auto was turned turtle due to rash and negligent driving by its driver and as a result, the deceased sustained injuries and later succumbed to the injuries. The deceased was aged 19 years and was earning Rs. 3,000/- per month at the time of the accident. Petitioners are the parents of the deceased and they are solely depending on the earnings of the deceased. Respondent No. 1, being the owner of the auto and respondent No. 2 being the insurer of it are jointly liable to pay compensation.

(3.) Respondent No. 1-owner of the auto was set ex parte. Respondent No. 2-insurance company filed counter denying the age and earnings of the deceased, and to put the petitioners to strict proof that they are the legal heirs and dependents on the deceased. It is stated that the accident occurred due to overload which is contrary to the terms of the policy and that the claim of the petitioners is excessive.