UNITED INDIA INSURANCE CO LTD Vs. MUPPALA ANASURYANVATHI

JUDGEMENT

(1.) Since both the appeals arise out of the same award, they are being disposed of by a common order. For the sake of convenience, parties to the appeals would hereinafter be referred to as they are arrayed in the claim petition.

(2.) Claimants, who are the widow, children and parents of Nageswara Rao (the deceased) filed the claim petition alleging that when the deceased was proceeding as a pillion rider on the scooter ABW 5015 belonging to the second respondent, being driven by the first respondent and insured with the third respondent, it dashed against the bullock cart belonging to the 5th respondent being driven by the 4th respondent in a rash and negligent manner, resulting in the deceased falling down from the scooter and receiving injuries and letter succumbing to those injuries. Since the deceased was aged about 38 years and was earning Rs.2,000/- per month from various sources, they are entitled to Rs.9,00,000/- as compensation from the respondents.

(3.) The case of the second respondent, who is the owner of the scooter bearing No.ABW 5015, as disposed from his counter, which was adopted by the first respondent, is that as his scooter was insured with the third respondent from 25.06.1992 to 24.06.1993, and since first respondent was having a valid and subsisting driving licence by the date of accident, and since the accident did not occur due to the rash and negligent driving of the scooter by the first respondent he need not pay any compensation.