UNITED INDIA INSURANCE CO LTD Vs. GANGADEVULA BHADRAMMA

JUDGEMENT

(1.) THIS is an appeal filed by the Insurance Company against the award of the Motor Accidents Claims Tribunal, Khammam in O. P. No. 43 of 1986 dated 30-6-1987 awarding total compensation of Rs. 27,000/- to the claimants as a result of fatal accident.

(2.) ACCORDING to the claim petition, on 12-12-1985 the deceased boarded the lorry oil tanker bearing No. ADB 8575 to go to neighbouring village by paying Rs. 4/- towards fare to the driver of the lorry belonging to the 6th respondent herein and insured with the appellant and as a result of the rash and negligent driving of the lorry driver, the deceased while getting down from the lorry was run over by it causing instantaneous death. The claimants sought for compensation of Rs. 1,10,000/ -.

(3.) THE owner opposed the claim stating that the accident occurred on account of the negligence on the part of the deceased who was partly blind and in a drunken state, that the deceased was a gratuitous passenger and that in any event the compensation claimed is excessive.