UNITED INDIA INSURANCE COMPANY LTD Vs. DTADI LAKSHMI

JUDGEMENT

(1.) RESPONDENTS 1 to 5 herein filed O.P.No.129 of 2001 before the Motor Accidents Claims Tribunal -cum -District Judge, Rajahmundry, claiming a sum of Rs.20,00,000/ - as compensation on account of death of Sri T. Adireddy, the husband of the first respondent, father of respondents 2 and 3 and son of respondents 4 and 5. It was pleaded that the deceased was cultivating an extent of Acs.40.00 of land and was running two petrol bunks including Service Stations at Anaparthi and Rajahmundry. Their further plea was that he was doing business in finance and running a dairy farm.

(2.) IT was stated that on 30.11.2000, Adireddy was proceeding from Vizianagaram to Anaparthi in a Maruti Car bearing No.AP SC 9495, driven by his driver and on the way, a lorry bearing No.WB 23 6875 driven by the sixth respondent, owned by the seventh respondent and insured with the appellant, dashed against the car, resulting in serious injuries to the inmates of car. Adireddy said to have died in the Government Hospital while undergoing treatment and Crime No.104 of 2000 was registered in relation thereto under Section 304 -A I.P.C. According to respondents 1 to 3 and 5, the deceased was getting income from various sources and his contribution to the family was about Rs.15,000/ - per month.

(3.) RESPONDENTS 6 and 7 remained ex parte. The O.P was opposed by the appellant alone. They filed counter denying the facts pleaded by respondents 1 to 5. The liability for accident and the plea as to the age and income of the deceased were disputed.