NATIONAL INSURANCE COMPANY LIMITED Vs. MANDAVA SUJATHA

JUDGEMENT

(1.) Challenging the order dtd. 25/1/2011 passed in M.V.O.P.No.393/2008 on the file of Motor Accidents Claims Tribunal-VII Addl.District Judge, Ongole, the appellant/National Insurance Company Limited, Ongole, filed the appeal.

(2.) The respondents/claimants filed the claim petition before the learned Tribunal U/s.163-A and 166 of Motor Vehicles Act, 1988 claiming compensation of Rs.4,00,000.00 for the death of Mandava Anjaiah, alleging that the deceased was aged 52 years, working as a clerk in Teja Wine Shop in Seetharamapuram village of Maddipadu Mandal and was earning Rs.5,000.00 per month; On 12/7/2007 at 10.20 p.m. the deceased along with his friend on is motor cycle bearing No. AP 27C 4875 started from Seetharamapuram and was going towards Maddipadu village, at that time lorry bearing No. AP 16 TV 0944 of 1st respondent stationed on the road without parking lights and precautions; The deceased could not see the stationed lorry on the road because of lights of vehicles coming in opposite direction and dashed the stationed lorry on its back and died on the spot; The pillion rider on the motor cycle (P.W-2) sustained grievous injuries. The deceased and P.W-2 were shifted to Government Hospital, Ongole and post mortem was conducted on the dead body of deceased; The accident occurred only due to negligent parking of crime vehicle by its driver; The respondents 1 and 2 are liable to pay compensation.

(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, age and avocation of the deceased, liability to pay compensation, and contended that the deceased drove his motorcycle in rash and negligent manner and dashed against the crime vehicle; The crime vehicle was kept by its driver on left side margin of road with signal lights, the deceased who was in intoxication with triple riding, caused the accident; The claim is excessive.