NEW INDIA INSURANCE COMPANY LTD Vs. SYED JAHEERA

JUDGEMENT

(1.) The New India Assurance Company Limited, represented by its Branch Manager, Guntur filed this Civil Miscellaneous Appeal against the award and decree dated 31-12-2001 in OP. No. 843 of 1998 on the file of the Court of Motor Accidents Claims Tribunal-cum-III-Additional District Judge, Guntur.

(2.) The facts leading to the filing of this appeal can be summarised as follows: On 17-09-1998, the deceased, Mr. Syed Jabbi along with his friend, Mr. Sk. Sadik were returning from Tenali after conveying death message to their relatives on scooter bearing Regn. No. ATG-9801 and by the time when they reached Uppu Godown at APSEB Power Station, Ponnur Road, a lorry bearing Regn. No. ATU-4152 came in opposite direction in a rash and negligent manner hit the said scooter and due to which, Mr. Syed Jabbi fell down, sustained head injury and also grievous injuries on all over the body and died instantaneously and the pillion rider Shaik Sadik received grievous injuries. A case in Cr. No. 302/98 was registered under Section 337 and 304-A IPC against the driver of the offending lorry.

(3.) By the date of death, Mr. Syed Jabbi was aged about 26 years, working as goldsmith and earning Rs. 3000.00 per month. Due to untimely death, the petitioners lost their dependency and earnings. Thus, the petitioners claimed a sum of Rs. 2,00,000.00 towards compensation including Rs.50,000/- under no fault liability. The accident occurred due to rash and negligent driving of the lorry bearing Regn. No.ATU-4152 belonging to the first respondent, which is insured with the second respondent. Hence, the Respondents 1 and 2 are jointly and severally liable to pay compensation amount.