ORIENTAL INSURANCE COMPANY LTD Vs. S LAXMI

JUDGEMENT

(1.) Aggrieved by the judgment and decree dated 22-7-2005 passed in O.P.No.217 of 2001 by the Chairman, I Additional Motor Accidents Claims Tribunal, Nizamabad, the appellant-Insurance Company preferred this appeal along with delay condonation petition in M.A. C.M.A. M.P. No. 2509 of 2006.

(2.) Respondent Nos.1 and 2, who are the legal representatives of the deceased, namely S. Tyagaraju, filed a claim petition in O.P. No. 217 of 2001 on the file of the I Additional Motor Accidents Claims Tribunal, Nizamabad, claiming compensation of Rs. 12,00,000/- from respondent No.3, namely the owner of the lorry, and the appellant-company which insured the lorry, alleging that on 3-1-1999 while the deceased was travelling on a Scooter bearing registration No. AP 25-9888 along with his daughters, and on reaching Jangampally Bus Stop on NH-7 road, a lorry bearing registration No. AP 4 T 6586, coming from the opposite direction at high speed, driven in rash and negligent manner, dashed the scooter, due to which the deceased suffered head injury and multiple grievous injuries, and while undergoing treatment at Government Hospital, Kamareddy, died. Therefore, the above claim. The appellant- Insurance Company contested the claim.

(3.) Based on the rival contentions, the Tribunal framed appropriate issues. On behalf of Respondent Nos.1 and 2, P.Ws.1 and 2 were examined and Exs.A-1 to A-13 were marked before the Tribunal. The Tribunal on its behalf marked document Ex.C-1. Respondent No.3 remained ex pane. The appellant-insurer, though contested the claim, did not adduce any evidence on its behalf, except marking Exs.B-1 to B-3.