ORIENTAL INSURANCE CO LTD KURNOOL Vs. VADDE THIMMANNA

JUDGEMENT

(1.) APPEAL Under Section 173 of M.V. Act against the Judgment and Decree in M.V.O.P.No. 426 of 2000 dated 01-07-2002 on the file of the Court of the Motor Accidents Claims Tribunal-cum-II Additional District Court, Kurnool)

(2.) THIS appeal is filed by the Oriental Insurance Company Limited, represented by its Divisional Manager, Kurnool, against the judgment and decree in M.V.O.P.No.426 of 2000, Dated 01.07.2002, on the file of the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Kurnool.

(3.) THE owner of the vehicle died during the pendency of the O.P. His Legal Representative, namely, the 3rd respondent was brought on record, as respondent No.3. However, he remained exparte. The appellant alone contested the O.P. On behalf of the 1st respondent, PWs 1 and 2 were examined and Exs.A1 to 3 were marked. On behalf of the appellant, its Assistant Administrative Officer was examined as RW1 and copy of the insurance Policy was marked as Ex.B1. On consideration of the oral and documentary evidence, the Tribunal awarded compensation of Rs.70,000.00 with 9% interest thereon. The 1st respondent was permitted to withdraw a sum of Rs.25,000.00 and balance of Rs.45,000.00 was ordered to be kept in Fixed Deposit in any Nationalised Bank for a period of five years.