UNITED INDIA INSURANCE COMPANY LTD Vs. K CHANDRASEKHARACHARI

JUDGEMENT

(1.) Heard both the Counsel.

(2.) Aggrieved by the award dated 28-2-2002 passed by the Court of Motor Accidents Claims Tribunal, Anantapur, the United India Insurance Company, which is the insurer of the lorry involved in the accident, filed this appeal.

(3.) The brief facts of the case are that on 6-7-1994 at about 5 p.m.. van bearing No.AP02-T-5945, belonging to the claimant was parked by the side of a tea hotel of one Ramachandra, on the national high way No.7. At about 5.45 p.m., a lorry bearing No.TN/36-5896 came from Penukonda side, allegedly with a high speed in a rash and jig jag manner and dashed the tea hotel and ran through the hotel and dashed the van of the claimant and as a result, the van dashed the tamarind tree and got damaged. It is stated that in the accident two persons died and six others were injured and a case in Crime No.26/1995 of Chennakothapalli Police Station was registered under Sections 337, 338 and 304(A) of I.P.C. Alleging that the claimant was eking his livelihood by giving the van on rent and that the accident occurred due to rash and negligent driving of the driver of the lorry, claim petition was filed claiming damages of Rs. 1,50,000/-.