ORIENTAL INSURANCE COMPANY LIMITED Vs. BRANCH MANAGER

JUDGEMENT

(1.) Respondents 1 to 5 who are the widow and children of D.Narayana (thedeceased) filed a claim petition under Section 166 of the Motor Vehicles Act,1988 (the Act) claiming compensation of Rs.2,50,000/- from the sixth respondentand the appellant alleging that the deceased who was aged 32 years and workingas helper Grade I in the office of the Executive Engineer, P.M. Sub Division(LMD) Godavari Khani, Karimnagar District, drawing a salary of Rs.2,500/- permcnth died due to the rash and negligent driving of the lorry bearing No.APJ2766 belonging to the sixth respondent which was insured with the appellant.

(2.) Sixth respondent filed his counter admitting that it is his lorry thatcaused the accident involving the deceased and contending that the accident did not occur due to the rash and negligent driving of his driver, and putting respondents 1 to 5 to proof of other allegations, and alleged that inasmuch ashis lorry is insured with the appellant by the date of accident, thecompensation is payable only by the appellant.

(3.) Appellant filed its counter denying involvement of the lorry APJ 2766 inthe accident and putting respondents 1 to 5 to proof of other allegations in the petition.