UNITED INDIA INSURANCE CO. LTD. Vs. SUSUBELLI BAPUJI

JUDGEMENT

(1.) Heard Ms. S.A.V. Ratnam, learned counsel for the appellant-United India Insurance Company limited and Sri Srinivasula Reddy Kommasani, learned counsel for the claimants-respondent Nos. 1 & 2.

(2.) The claimants- Respondent Nos. 1 and 2 filed MVOP No. 978 of 2014 in Motor Accidents Claims Tribunal-cum-II Additional District Judge, Visakhapatnam (in short "the Tribunal") claiming compensation of Rs.17.00 lakhs for the death of the deceased namely Sasubelli Venkata Narasimha Rao in road accident. Their case was that the deceased was doing final year B.Tech, graduation course in G.M.R. Information Technology Institute at Rajam of Srikakulam District. The deceased was aged about 20 years. On 10/6/2012 at about 06.30 p.m., when the deceased was riding his motorcycle from Vizianagaram to Cheepurupalli and when he reached near railway over bridge at Nellimarla, a Tata Ace vehicle bearing No. AP 35 V 4245 proceeding towards Vizianagaram and coming in the opposite direction hit the motorcycle. The Tata Ace vehicle was driven by its driver - the respondent No. 2 in claim petition in rash and negligent manner. The deceased sustained head injury and he was taken to the Maharaja Institute of Medical Sciences and from there the deceased was referred to another hospital where he was declared as brought dead. They claimed that the monthly salary of the deceased would have been at the beginning at Rs.30,000.00 per month, as an employee in one of the top most companies at the beginning, being a brilliant student all through his career. The students who were selected along with the deceased were getting similar package.

(3.) The respondent No. 1 in the claim petition (respondent No. 3 herein) is the owner and respondent No. 2 (respondent No. 4 herein) is the driver of the offending vehicle. Respondent No. 3 (the appellant herein) is the insurer of the offending vehicle. The owner and driver remained ex-parte.