ORIENTAL INSURANCE CO. Vs. S.RAMANAMA

JUDGEMENT

(1.) M/s. Oriental Insurance Company Limited / Respondent No.3 before the Motor Accident Claims Tribunal-cum-II Additional District Judge, Parvatipuram, Vizianagaram District (for short "the learned MACT"?) filed the present appeal disputing sustainability of decree and order dtd. 23/9/2015 passed by the learned MACT, where under a claim made by the dependents and legal representatives of one S. Chinnayya (hereinafter referred to as "the deceased"?), for his death in a motor vehicle accident for Rs.5,00,000.00 was allowed for Rs.3,96,000.00. The appellant / Insurance Company is disputing the liability in all aspects.

(2.) Respondent Nos.1 to 4 herein are the claimants. Respondent No.5 is the driver of the lorry bearing No.AP 35 U 6039 (hereinafter referred to as "the offending vehicle"?). Respondent No.6 is the owner of the offending vehicle. Respondent Nos.5 and 6 remained as ex parte.

(3.) (i). On the fateful day i.e. 11/7/2012, the deceased boarded the offending vehicle as a quarry labourer along with the co-labourer and cleaner, when they were reached near the lands of Cheeluri Krishna, Cherukupalli Village, within the limits of Pachipenta Police Station, Vizianagaram District, the driver of the offending vehicle drove it in a rash and negligent manner, lost control over the same, whereby the offending vehicle turned turtle and fell into water canal. Due to the said accident, the deceased succumbed to injuries on the spot. Immediately the deceased was shifted to Hospital, Salur, but the doctors declared him as brought dead.