NATIONAL INSURANCE CO LTD Vs. PEMMADI LAKSHMI

JUDGEMENT

(1.) THIS appeal is directed against the order dated 5. 9. 2003 in M. V. O. P. No. 309 of 2000, on the file of the Motor accidents Claim Tribunal (Ill-Additional district Judge) (for short "the Tribunal"), kakinada, wherein the claim of respondents 1 and 2 herein was allowed-in-part awarding compensation of Rs. 1,21,600/- with interest at 9% per annum from the date of petition.

(2.) RESPONDENTS 1 and 2 herein filed claim application before the Tribunal claiming a total compensation of Rs. 2,50,000/- on account of the death of the deceased satyam, who died in a motor vehicle accident that occurred on 5. 5. 2000. The first claimant is the wife and the second claimant is the daughter of the deceased. According to them, on that day when the deceased was proceeding to Uppalanka Village from Peda chollangi on a bicycle, a Hero Honda motorcycle bearing No. AP 5 N 1279, driven in a rash and negligent manner by its rider, dashed against the bicycle of the deceased, resulting in multiple injuries to which the deceased succumbed while undergoing treatment in Government General Hospital, kakinada. A case in Cr. No. 41 of 2000 was registered by the police against the first respondent, the rider of the motorcycle. It is further pleaded that the deceased was aged 45 years and was earning Rs. 3,000/-per month as fisherman.

(3.) THE first respondent-rider of the motorcycle filed a counter before the Tribunal opposing the claim and contending that the deceased, who was going on a bicycle in a drunken condition, dashed against the motorcycle and was thereby responsible for the accident. The second respondent-owner of the motorcycle remained ex parte and the third respondent-insurer filed a counter before the Tribunal opposing the claim and denying their liability to pay the compensation.