ORIENTAL INSURANCE COMPANY LIMITED Vs. MOTURU SRINIVASA RAO

JUDGEMENT

(1.) The appellant-Insurance company, aggrieved by the order of the Motor Accident Claims Tribunal-cum-Additional District Judge Vizianagaram passed in O.P.No. 163 of 1998 dated 07-09-2000 granting compensation of Rs. 62,380/- in favour of claimants, preferred this appeal.

(2.) The facts leading to the filing of this appeal are that on 30-5-1997 at 2-00 A.M. while the petitioner was coming from Kodada to Salur with klinker load by driving his lorry AP 31 T 7286 and when he reached near Co-operative Society of Bondapalli,he found a lorry bearing No. AEV 5904 which was stationed and the petitioner on noticing a double bullock cart, applied brakes and on account of application of brakes, the vehicle dashed against the stationed lorry on its rear portion and the vehicle turned turtle and the petitioner sustained injuries.

(3.) The case of the first respondent is one of the total denial of the material allegations and stated that he is not liable to pay any compensation since the vehicle was insured with R-2 Company.