UNITED INDIA INSURANCE CO LTD Vs. BOBILLI SIMHACHALAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the United India Insurance Company Limited, represented by its Regional Manager, Dabagardens, Visakhapatnam against the award and decree dt.12-11-2003 in O.P.No. 1025 of 2002 on the file of the Court of Motor Accident Claims Tribunal- cum-VI-Additional District Judge, Visakhapatnam awarding compensation under Section 166 of the Motor Vehicles Act, for Rs. 2,00,000-00 holding that the appellant herein and Respondent Nos. 2 and 3 herein are jointly and severally liable to pay compensation to the Respondent No. 1 on account of the death of the Respondent No. 1 -claimant's husband who was working as cooli and earning Rs. 3,000/- per month. On 30-10-2001 while the deceased along with his co-villagers went to weekly shandy at Kothavalasa on his cycle and by the time when he reached Tummakapalli gate, one Tata Sumo bearing No. AP-31-J-9777 came in his opposite direction in a rash and negligent manner and dashed against the deceased and consequently the deceased received grievous head injury and fracture to his right leg. Immediately he was shifted to K.G. Hospital, Visakhapatnam for treatment. While undergoing treatment in the hospital, he died on 27-11-2001 due to the injuries sustained in the accident. The wife of the deceased and the father of the deceased was predeceased and the claimant is the sole legal heir of the deceased claimed compensation from all the respondents jointly and severally for the.fault of the driver of aforesaid offending vehicle.

(2.) The driver and owner of the offending vehicle who are respondents 2 ad 3 remained exparte. The Insurance Company filed its counter denying the averments made in the claim-petition and contended that the Insurance policy is not in the name of the owner of the offending vehicle and that the accident did not occur on account of negligence of the driver of Tata Sumo and that the compensation claimed is exorbitant and prayed to dismiss the claim-petition.

(3.) On the basis of the above pleadings, the Claims Tribunal framed the following issues for trial: