REGENT COMPUTRONICS PVT. LTD.

M.Swarupa Appellant

V/S

Musapet Narsimhulu Respondents

Referred Judgements :-

JUDGEMENT

(1.) THE claimants 1 to 4 who are the wife, two minor children and mother of the deceased Ramulu, Pillion Rider of the Bajaj CT -100 motor bike (temporary registration No.AP23J T/R 2221 belongs to the claim petition respondent No.1 M.Narsimhulu, insured with claim petition respondent No.2 Bajaj Allianz General Insurance Company Limited, covered by Ex.B.1 policy, preferred the claim for death of the said Ramulu. They filed this appeal having been aggrieved by the Order/Award of the Motor Vehicle Accident Claims Tribunal -cum -XXI Additional Chief Judge, Red Hills, Hyderabad (for short, 'Tribunal') in M.V.O.P.No.325 of 2005 dated 18.12.2006, awarding compensation of Rs.4,23,000/ -(Rupees Four lakhs and twenty three thousand only) with interest at 7.5% per annum only against the respondent No.1 owner of the vehicle by exonerating the respondent No.2 insurer mainly relying upon the Apex Court expression in United India Insurance Company Limited, Shimla Vs. Tilak Singh & others1 of Pillion Rider risk when not covered by the policy is an unauthorised gratuitous passenger, as against the claim of the claimants of Rs.6,50,000/ -(Rupees Six lakh and fifty thousand only), in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act').

(2.) HEARD Sri A.Ramakrishna Reddy, the learned counsel for the appellants and Sri N.Mohan Krishna, learned counsel for the respondent No.2. Perused the material on record. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

(3.) NOW the points that arise for consideration in the appeal are:

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M.SWARUPA Vs. MUSAPET NARSIMHULU

Referred Judgements :-

JUDGEMENT

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