UNITED INDIA INSURANCE CO LTD Vs. G SARASWATHI

JUDGEMENT

(1.) THESE three appeals arise out of the awards passed by the Motor Accidents claims Tribunal-cum-District Judge at khammam on 18-03-2002 in O. P. Nos. 257, 259 and 253 of 1998 arising out of the same accident and are, hence, being disposed of by a common judgment.

(2.) ONE G. K. L. Rao working as Chief engineer with Singareni Collieries Company limited had the company car APH 1913 allotted to him, which was being driven by the 1st respondent in the three claim petitions. When Sri Rao was going with his family from Kothagudem to Hyderabad for medical check-up on 05-05-1995, the accident occurred at about 5-30 a. m. when the 1st respondent's rash and negligent driving resulted in the car dashing against a stationed lorry, on which Crime No. 87 of 1995 was registered. The death of Sudhaker rao, Kanaka Lingeswar Rao and Bhavani shankar due to the accident resulted in the three claim petitions by their respective dependents and the driver and owner of the car admitted the accident, but denied the accident to be due to the negligence and rashness of the car driver. They put the blame on the lorry driver who allegedly did not switch off his vehicle lights and they put the claimants to strict proof of the other allegations.

(3.) THE insurer contested the claims contending that the accident took place only due to the negligence of the deceased themselves and that as the vehicle was used on hire basis, the insurer is not liable to pay any amount.