UNITED INDIA INSURANCE CO LTD Vs. PAPPELETI PRASANNA

JUDGEMENT

(1.) These two appeals are directed against the order, dated 19.8.2002, passed by the Motor Accident Claims Tribunal-cum-District Judge, Kadapa in M.V.O.P.No.470 of 2000. While the insurer is the appellant in M.A.C.M.A. No.3870 of 2003, the owner of the vehicle is the appellant in M.A.C.M.A. No.141 of 2006.

(2.) For the sake of convenience, the parties herein are referred to as they are arrayed in M.A.C.M.A.No.3870 of 2003.

(3.) The first respondent, who is since dead and represented by her parents- respondents 3 and 4, suffered injuries in an accident on 17.8.1999. When she was proceeding from Padmasri Book Stall at Rajampet, a lorry bearing No.AP 09-U-291, is said to have dashed her from behind, resulting in several injuries. She filed O.P.No.470 of 2000, claiming a sum of Rs.3,00,000/- as compensation. It was pleaded that the accident occurred, only on account of the rash and negligent driving on the part of the driver of the lorry. The owner of the lorry, second respondent herein, did not file any counter. The matter was contested by the appellant herein alone. It was pleaded that the injuries suffered by the first respondent were simple in nature and that the driver of the lorry did not hold proper licence. Through its order, dated 19.8.2002, the Tribunal awarded a sum of Rs. 1,61,000/- as compensation with interest at the rate of 9% per annum.