UNITED INDIA INSURANCE COMPANY LTD Vs. B RAMANA

JUDGEMENT

(1.) This appeal is filed by respondent No. 2-United India Insurance Company Limited in O.P. No. 580 of 2004 (old O.P. No. 238 of 2003) on the file of the Motor Vehicles Accidents Claims Tribunal-cum- II Additional District Judge, Nalgonda at Suryapet against the order dated 03.01.2005 whereby and whereunder the claimants were awarded the compensation in to i.e. Rs. 9,50,000/- as claimed by them 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 O.P.

(2.) The brief facts of the case that led to filing the present appeal are that on 10.11.2002 the deceased-Ponugoti Sampath Rao was travelling as passenger in steering auto bearing No. AP-24-U-2084 from Penpahad to reach Suryapet and when the auto reached K.M. Stone No. 2/3 at the outskirts of Singireddypalem, it was turned turtle and fell into Mondikuntabavi due to rash and negligent driving of the auto by its driver, as a result thereof, the deceased and other passengers travelling in the auto sustained grievous injuries. The deceased was shifted to Government hospital, Suryapet and thereafter, he was shifted to Yashoda hospital, Malakpet, Hyderabad where he succumbed to injuries on 12.11.2002. P.S. Penpahad registered a case in Crime No. 53 of 2002 for the offence under Section 337 IPC and later altered to Section 304-A IPC. The deceased was Line Inspector of Central Power Distribution Company and was drawing a monthly salary of Rs. 18,155/-. The petitioners are the wife and children of the deceased.

(3.) Respondent No. 1-owner of the auto was set ex parte. Respondent No. 2-insurance company filed counter denying the averments made in the claim petition.