ORIENTAL INSURANCE CO. LTD. Vs. HAZEERA BEE

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 is filed by the appellant/ Insurance company impugning the order dtd. 16/5/2007 of the learned Chairman, Motor Accident Claims Tribunal - Cum - Principal District Judge, Kurnool in MVOP.No.1189 of 2005.

(2.) Heard arguments of Smt.V.Durga, the learned counsel for appellant and Sri Vivekanand Virupaksha, the learned counsel for respondent Nos.2 to 5.

(3.) The following facts are required to be noticed: Mr.Lateef was a pillion rider of a scooter being driven by Sri Shaik Shalu Miah/ PW.2 and they were travelling towards Bangarupeta. At about 10 am on 3/7/2005, the motorcycle bearing registration No. AP 21 J 8101 being driven by Shaik Shavali came from behind at high speed and dashed the scooter. Because of this collision, Mr. Latheef fell and suffered serious head injury. He was admitted in Government General Hospital, Kurnool and while undergoing treatment, he died out of those injuries on 6/7/2005. His mother, his wife and three minor children filed MVOP.No.1189 of 2005 praying for Rs.25,00,000.00 as compensation. The owner of the offending motor cycle was shown as R1 and the insurer/ the Oriental Insurance Company Limited was shown as R2 which issued the insurance policy. Before the claims tribunal, the owner of the offending vehicle did not choose to appear and contest. The insurance company raised serious contest about the involvement of the motor cycle bearing registration No. AP 21 J 8101 and contended that there was belated registration of FIR and the owner of the offending vehicle and the person who allegedly drove the same are brothers and there was collusion among all the parties. It also raised questions about contributory negligence and finally prayed for dismissal of the claim. Learned claims tribunal settled the following issues for trial: