ORIENTAL INSURANCE COMPANY LIMITED Vs. GANGNAPALLI SHAI AKBAR

JUDGEMENT

(1.) AGGRIEVED by the Award dated 19.06.2009 in M.V.O.P.No.204 of 2007 passed by the MACT -cum -Principal District Judge, Kadapa (for short 'the Tribunal'), the 2 nd respondent/Oriental Insurance Company Limited preferred the instant MACMA.

(2.) a) On factual side, on 15.05.2005 when the deceased Shaik Shabber Basha @ Shaik Shabber Hussain along with his friend Baba was proceeding on his motorcycle and when they reached near Mylavaram canal between Yerraguntla and Proddatur main road, a mini lorry bearing No.AP 04 U 7295 being driven by its driver in a rash and negligent manner and at high speed came in the opposite direction and dashed the motorcycle. Due to which the deceased and his friend received grievous injuries and deceased died on the spot. It is pleaded that accident was occurred due to fault of mini lorry driver. On these pleas claimants, who are the parents of the deceased, filed MVOP No.204 of 2007 under Section 166 of Motor Vehicles Act, 1988 (for short "the Act") against respondents 1 and 2, who are the owner and insurer of offending lorry and claimed Rs.15 lakhs as compensation.

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