NEW INDIA ASSURANCE COMPANY LIMITED Vs. RABIYA BEGUM

JUDGEMENT

(1.) Aggrieved by the Award dated 24.03.2008 in MVOP No. 293 of 2006 passed by the Chairman, M.A.C.T -cum -I Additional Chief Judge, City Civil Court, Secunderabad (for short "the Tribunal"), the 2nd respondent/New India Assurance Company preferred the instant appeal.

(2.) The factual matrix of the case is thus: a) On 20.02.2006 at about 4.00 pm when the deceased Mohd. Muneeruddin was proceeding in a jeep bearing No. ADY 1064 as a passenger along with others from Adikicherla to Hyderabad on Chevella -Hyderabad road and when the vehicle reached near Appareddyguda gate at Moinabad Mandal, the jeep driver drove the same in a rash and negligent manner and thereby the jeep turned turtle causing instantaneous death of deceased. It is averred that jeep driver was responsible for accident and due to the sudden demise of deceased, the claimants became destitutes. On these pleas the claimants who are wife and children of the deceased, filed M.V.O.P.No.293 of 2006 under Sec. 166 of Motor Vehicles Act, 1988 (for short "M.V. Act") against respondent Nos. 1 and 2, who are the owner and insurer of the jeep and claimed Rs.5,00,000/ - as compensation under different heads mentioned in OP. b) R1/countered the petition averments and urged to put the claimants in strict proof of the same. He pleaded the jeep was insured with R2 Insurance Company and it has to indemnify the liability of R1, if any. He contended that claim is highly excessive and exorbitant and thus prayed for dismissal of OP. c) R2/Insurance Company denied all material averments and urged to put the claimants in strict proof of the same. R2 contended that the compensation claimed is excessive and thus prayed to dismiss the O.P. d) During trial, PWs.1 and 2 were examined and Exs.A1 to A7 were marked on behalf of the claimants. On behalf of respondents, RW.1 was examined and Exs.B1 to B3 were marked. e) The Tribunal, on appreciation of oral and documentary evidence, has awarded a sum of Rs.3,53,000/ - with costs and interest at 7.5% p.a under different heads as follows:

(3.) Heard arguments of Sri B. Naresh, learned counsel for appellant/Insurance Company and Sri P. Sridhar Reddy, learned counsel for respondents/claimant Nos. 1 to 6. Though notice on R7 was served there is no appearance on his behalf. Hence treated as heard.