LAWS(APH)-2014-10-102

NATIONAL INSURANCE COMPANY LTD Vs. ELLANDULA YELISA

Decided On October 07, 2014
NATIONAL INSURANCE COMPANY LTD Appellant
V/S
Ellandula Yelisa Respondents

JUDGEMENT

(1.) THE 2nd respondent -insurance company, in the claim petition, filed this appeal having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunalcum - I Additional District Judge, Warangal (for short, Tribunal) in M.V.O.P.No.980 of 2003 dated 30 -08 -2006, awarding compensation of Rs.2,82,000/ - with interest at 7.5% per annum as against the claim of the claimant of Rs.3,00,000/ - in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, the Act), for the death of E.Yella Swamy aged about 26 years as per Ex.A.4 Post -Mortem Examination (PME) report in the accident dated on 06 -07 -2002 with the contentions that the deceased was sitting on the sand load of the trailor propelled to the tractor for alleged unloading of the sand being unauthorized person, the Tribunal went wrong in awarding compensation instead of exonerating the insurer from the trailor not covered by the risk.

(2.) HEARD Sri P.Phalguna Rao, the learned Standing Counsel for the appellant -Insurance Company and Sri A.Ravinder, learned counsel for the respondents. 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.) LEARNED counsel for the appellant/insurer reiterated the contentions in the grounds of appeal. Whereas, it is the contention of learned counsel for the respondents there is nothing to interfere while sitting in appeal. Hence, to dismiss the appeal.