UNITED INDIAINSURANCE CO LTD Vs. E LAXMAN REDDY

JUDGEMENT

(1.) This CMA is preferred against the award passed by the Motor Accidents Claims Tribunal-cum-District Judge, Nizamabad, in O.P.No.276 of 1996.

(2.) Initially, the O.P. was filed by the deceased-1st respondent. He claimed compensation of Rs. 1,50,000/-, alleging that on 20-1-1996, he was travelling as the owner of the goods, in the lorry bearing No.ATK- 7797, owned by the 4th respondent and insured with the appellant, and at about 12 noon, the lorry met with an accident at Indalwani, on N.H.No.7, and he sustained injuries and fractures on the collar bone, head, and other parts of body. During the pendency of the O.P., the 1st respondent died and his wife and son were brought on record, as legal representatives (respondents 2 and 3). The Tribunal awarded a sum of Rs.30,000/-. The same is challenged in this C.M.A.

(3.) Sri Jagannath, learned Counsel for the appellant, submits that the deceased was an unauthorized passenger in a goods vehicles, and as such, no compensation was payable. He further contends that the Tribunal committed an error, in treating the compensation payable to the 1st respondent, as an estate of respondents 2 and 3.