UNITED INDIA INSURANCE COMPANY LIMITED Vs. AVULA SAILAJA

JUDGEMENT

(1.) Challenging the order dtd. 17/1/2011 passed in M.V.O.P.No.94/2009 on the file of Motor Accidents Claims Tribunal-XIII Addl.District Judge, Narasaraopet, the appellant/United India Insurance Company Limited filed the appeal.

(2.) The respondents/claimants filed claim petition before the learned Tribunal U/s.140 and 166 of Motor Vehicles Act, 1988 claiming compensation of Rs.5,00,000.00 for the death of Avula Sudhakara Rao, alleging that on 27/2/2009 at about 04.00 a.m. when the deceased and two others were coming in Tata Ace Auto bearing No.AP 07Y 3702; when the sad auto reached near Nalanda college, due to rash and negligent driving of the driver of the said auto, he lost control over the auto; with a view to avoid accident with lorry coming in opposite direction, the driver of auto dashed against a tree on the road margin, as a result of which, Avula Sudhakara Rao sustained grievous injuries; immediately he was shifted to Government Hospital, Guntur, and later he was shifted to Yasodha Super Speciality Hospital, Hyderabad; and then he was brought back to Guntur for better treatment; and subsequently, he was succumbed to injuries. The Station House Officer, Sattenapalli Rural Police Station registered a case in Cr.No.22/2009; and filed charge sheet against driver of the said auto for the offence punishable U/s.304-A I.P.C. The deceased was aged about 27 years and working as a private electrician and earning Rs.6,000.00 per month. The 1st claimant is wife, claimants No.2 and 3 are his children, and claimants No.4 and 5 are his parents.

(3.) Before the learned Tribunal, the 2nd respondent/Insurance Company filed written statement, while traversing the material averments with regard to manner of accident, rash and negligence on the part of the driver of the crime vehicle, nature of injuries, age and avocation of the deceased, liability to pay compensation, and contended that the petitioners are put to strict proof as the manner in which the accident took place i.e., due to rash and negligent driving of driver of crime auto, in which the deceased was travelling and sustained injuries and succumbed to the same and entitlement of compensation by the petitioners from the 2nd respondent.