UNITED INDIA INSURANCE CO LTD Vs. CHAKALI JAKKULI

JUDGEMENT

(1.) Since common question arises in these two appeals and since they also arise out of the same accident, they are being taken up together for disposal.

(2.) The appellant in these two appeals is the insurance company who seeks to assail the correctness of the judgment and decrees in O.P.Nos.83 of 2000 and 85 of 2000, dated 06.11.2002, on the file of the Motor Accident Claims Tribunal (Principal District Judge), Kurnool allowing the claims for compensation under Section 163-A and 166 of the Motor Vehicles Act, 1988 (for brevity 'M.V. Act') on account of injuries sustained by the claimants in a motor accident.

(3.) Briefly stated, the facts of the case are that on 21.12.1998, both the claimants along with their bags of paddy engaged a lorry bearing No.AP- 21/U.3940 and loaded the same and boarded the lorry as owners of goods, however, since the said vehicle was being driven in a rash and negligent manner, the driver lost control and the vehicle went off the road and hit a roadside tree. As a result of which, both the claimants received injuries. Hence the respective claims.