UNITED INDIA INSURANCE COMPANY LIMITED Vs. SURVI POCHAIAH

JUDGEMENT

(1.) THE M/s United India Insurance Company Limited -2nd respondent, in the claim petition, filed this appeal having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunal -cum -I Additional Chief Judge, City Civil Court, Secunderabad,(for short, 'Tribunal') in M.V.O.P.No.317 of 2006 dated 30.12.2006, awarding compensation of Rs.3,12,000/ - (Rupees three lakh twelve thousand only) with interest at 7.5% p.a. as against the claim of the claimants viz., father, brothers and sister of the deceased by name Survi Swaroopa out of Rs.4,00,000/ -(Rupees four lakh only), in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act').

(2.) HEARD Sri E.Venugopal Reddy, the learned standing counsel for the appellant -Insurance Company. Sri G.Anandam, counsel for respondent Nos.1 to 4 - claimants and the appeal against 5th respondent -owner of crime vehicle served with notice is called absent with no representation and thus taken as heard the 5th respondent for the absence to decide on merits and 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.) WHEREAS , respondents 1 to 4 to the appeal contended that having suffered the ex parte decree and failed to produce any particulars it is not left open to contend that the Insurer is not liable much less by taking any mistaken mention of the dates of the validity of the policy instead of showing as on the date of the policy was in force and thereby sought for dismissal of the appeal.