UNITED INDIA INSURANCE COMPANY LIMITED Vs. THAMMINENI RAMACHANDRAIAH

JUDGEMENT

(1.) CHALLENGING the Award dated 09.02.2005 in O.P.No.40 of 2001 passed by the Chairman, M.A.C.T -cum -IV Additional District Judge, (FTC), Anantapur (for short the Tribunal), the appellant/ United India Insurance Company Limited preferred the instant MACMA.

(2.) ON factual side, the case of the claimants is that on 26.10.2000, when the deceasedThammineni Mallikarjuna was travelling from Nizamabad to Kesepalli village along with paddy harvester in the Van bearing No.AP 02 T 7110 the driver drove the vehicle in a rash and negligent manner without observing the electric wires and one of the wires touched the deceased and he received electric shock and died on the spot. It was averred that van driver was responsible for the accident and due to sudden death of the deceased the claimants who are his dependants became destitutes. On these pleas, the claimants, who are parents of the deceased filed O.P No.40 of 2001 against respondents 1 and 2, who are the owner and insurer of the offending van and claimed Rs.2,00,000/ - as compensation.

(3.) THE parties in the appeal are referred as they stood before the Tribunal.