NEW INDIA ASSURANCE CO. Vs. T.ROJA RANI

JUDGEMENT

(1.) Heard Sri C.Prakash Reddy, learned Standing Counsel for the appellants-insurance company and Sri Rahul Chowdary, learned counsel representing Ms.S.Pranathi, learned counsel for respondents 1 to 4/claimants.

(2.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 (in short the M.V.Act") has been filed by the appellants, the New India Assurance Company Limited, being aggrieved from the judgment and award dtd. 18/7/2019 passed by the Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Tirupati(in short the Tribunal") in M.V.O.P.No.191 of 2014. The aforesaid M.V.O.P. was filed by the claimants, the legal heirs of the deceased, Katta Murali, the present respondents 1 to 4.

(3.) The case of the claimants was that Katta Murali died in the motor accident on 16/10/2013, when he was proceeding on his car bearing registration No.TN-20/CV-4497 and reached near Bhimulivaripalem check post, Tada Mandal on NH 16 road at about 12.30 a.m. at that time the driver of M/s.Vayodoot Road Carriers Pvt. Ltd, 1st respondent herein, parked the lorry bearing registration MH06/AQ-4958 (in short the offending vehicle") negligently on the right side of the road, very close to the road divider without parking lights and spot signals. The parked lorry was not having tail lights and radium stickers indicating the circumference to alert the driver of the vehicles proceeding on its back. Due to that the deceased was unable to identify the parked offending lorry. He applied the sudden brakes to avoid the accident. In spite thereof, the car went and dashed the lorry on its back. Due to that, the deceased sustained head injury and died on the spot. The vehicle was also badly damaged. The legal heirs of the deceased filed the claim petition, claiming a total compensation of Rs.40,00,000.00 under different heads with interest @ 18% p.a. from the date of filing of petition till realization. Their further case was that the deceased was aged about 26 years on the date of the accident and he was working as Lecturer in Computer Science and Engineering in S.A.Engineering College, Chennai, on consolidated salary of Rs.22,000.00 p.m. during probation period. They submitted that the driver of the offending lorry was negligent in causing the accident and that the claimants were entitled for the compensation amount as claimed jointly and severally against the owner of the offending vehicle and the insurer.