UNITED INDIA INSURANCE CO. Vs. ABOTHULA PARVATHI

JUDGEMENT

(1.) The insurance company preferred this Appeal under Sec. 173 of the Motor Vehicles Act, 1988 questioning the correctness of the award dtd. 19/4/2005 of the learned District Judge and Motor Accidents Claims Tribunal at Srikakulam (hereinafter referred to as 'the Claims Tribunal') in M.V.O.P.No.199 of 2000.

(2.) Heard arguments of Ms. A.Malathi, the learned counsel for appellant-Insurance Company. Respondent Nos.1 to 4 were the claimants before the Claims Tribunal. Notices were served on them but none entered appearance for them. Respondent Nos.5 and 6 were the driver and owner of the offending lorry. The appeal was already dismissed for default as against them.

(3.) The following facts are required to be noticed: The subject matter accident took place during the intervening night on 22/23/11/1997 at Payakaraopeta in Visakhapatnam District. The offending vehicle was stated to be a lorry bearing registration No.AP-16-U-7157 and at the material point of time it was carrying Kadapa Slab Stones. Sri Srikakulapu Prasad was the registered owner of this vehicle and the vehicle was insured with the United India Insurance Company Limited as per copy of insurance policy/Ex.B.1. The said insurance policy covered a period from 10/1/1997 to 9/1/1998. The subject matter accident took place on 22/23/11/1997 and therefore at the material point of time the insurance policy was valid and effective. The offending lorry was driven by Sri Bandi Sankarayya. The allegation was that he drove the offending lorry rashly or negligently and dashed on the back of another lorry going in front of it. In this regard, Crime No.152 of 1997 was registered at Payakaraopeta Police Station, Visakhapatnam District/Ex.A.1. After due investigation against him, a charge sheet was laid evidenced by Ex.A.2. In the collision that took place in the above referred manner about five people travelling in the offending lorry fell and four of them died and one of the survivors was PW.2. One of the deceased was Sri Abothula Appanna aged between 36 years and 40 years. His wife and his three minor children filed M.V.O.P.No.199 of 2000 seeking compensation of Rs.2,00,000.00. The driver and owner of the offending vehicle did not choose to appear and contest. Insurance company filed its counter and disputed the liability saying that the deceased was a gratuitous passenger and that the claim made is excessive. It prayed for dismissal of the claim.