UNITED INDIA INSURANCE CO LTD Vs. KODURU RAMESH

JUDGEMENT

(1.) THESE three appeals viz., MACMA No.1452 of 2011(against O.P.No.645 of 2008, MACMA No.1453 of 2011( against O.P.No.647 of 2008) and MACMA No.1456 of 2011(against O.P.No.644 of 2008) were filed by the 2 nd respondent -Insurer among the two respondents including the owner of the Maruthi Car bearing No.AP09 B 8464 in the above said petitions filed under Section 166 of the Motor Vehicle Act,1988 (for short, 'the Act'), on the file of the learned Chairman of the Motor Accidents Claims Tribunal cum -Family Court -CumAdditional District Judge, Khammam, (for short, 'Tribunal'), for the claim of Rs. 3,00,000/ - in O.P.No.646 of 2008 filed by the claimant Koduru Ramesh, since granted total claim, Rs.50,000/ - in O.P.No.647 of 2008 filed by Koduru Chakravarthy(minor) represented by his father Koduru Ramesh(claimant in O.P.No.646 of 2008), since granted Rs.40,000/ - and Rs.50,000/ - in O.P.No.644 of 2008 filed by Koduru Nikhil(minor) represented by his father Koduru Ramesh since granted Rs.40,000/ - in all together with interest at 7.5% p.a. with joint liability by respective awards dated 24.09.2010.

(2.) THE facts of the lis covered by the common accident are that, said Ramesh while proceeding towards Sattupalli to Khammam with his children namedas inmates of the car, the accident was occurred on 16.11.2007 near T.T.D. Kalyan Mantapam, Kalluru village, Khammam district from the car driver lost control and dashed against the road side divider and also dashed against one Innova car coming in opposite direction and thus ouotcome of the car driver's negligence.

(3.) THE contentions in the grounds of the appeals impugning the said joint liability of the Insurer by saying that the policy not covered the risk of the inmates of the car and so the Insurer cannot be made liable and hence to set aside the awards by allowing the appeals. The learned counsel for the Insurer in all the appeals reiterated the said contentions during course of hearing. Seeking to exonerate the Insurer for no liability and also to reduce the compensation particularly in O.P.No.645 of 2008(MACMA No.1452 of 2011).