B. JAISOORYA Vs. D. RAMAKRISHNA REDDY

JUDGEMENT

(1.) THIS appeal is preferred by the claimants, being aggrieved by the award dated 24.03.2006 passed in MVOP No. 1141 of 2002 by the Motor Vehicle Accident Claims Tribunal -cum -XXI Additional Chief Judge -cum -Additional Metropolitan Sessions Judge for the trial of Communal Offence Cases -cum -VII Additional Metropolitan Sessions Judge, Red Hills, Nampally, Hyderabad, whereby and whereunder the Tribunal awarded compensation of Rs. 50,000/ - under no fault liability out of the total claim of Rs. 10,00,000/ -.

(2.) THE parties hereinafter will be referred to as they are arrayed before the Tribunal for the sake of convenience.

(3.) THE owner of the vehicle remained ex parte. The Insurance Company filed counter and denied the material averments made by the claimants. The insurance company pleaded ignorance about the age and educational qualifications of the deceased. It's main case is that the deceased himself was negligent in driving his motor cycle and there was no negligence on the part of the lorry driver. It pleaded ignorance about the parking of lorry. There is no specific plea with regard to the place, where it was actually parked. The insurance company also pleaded ignorance with regard to offering of job to the deceased.