UNITED INDIA INSURANCE CO LTD Vs. ADARI MAHALAKSHMI

JUDGEMENT

(1.) INASMUCH these appeals arise out of the one and the same accident, they are heard together and disposed of by this common judgment.

(2.) AGGRIEVED over the awards dated 10. 5. 2006 passed in OP Nos. 556, 558 and 557 of 2004 by the Chairman, Motor vehicle Accidents Claims Tribunal-cum-VIII Additional District and Sessions Judge (Fast Track Court) Visakhapatnam in fastening the liability on the Insurance company, these appeals are filed.

(3.) IT was averred in the aforesaid claim petitions that on 5. 8. 2002 at about 11 p. m. the injured claimants and deceased travelled in van bearing No. AP 24 T 1314 from Hyderabad to Visakhapatnam for cinema shooting work. On 6. 8. 2002 at about 12 noon when they reached Siddantham bridge, Penugonda Village, the driver of the van drove the same in rash and negligent manner, at high speed, and lost control over the van and dashed against a lorry bearing registration No. KA 09a 8699, as a result of which, the driver of the van died on the spot and others received injuries. Ramana Appalanaidu (deceased in OP no. 556 of 2004) died on the spot and Adari krishna (claimant in OP No. 558 of 2004)and Surisetty Venkata Krishna (claimant in OP No. 557 of 2004) received injuries in the said accident. A case in Crime No. 69 of 2002 under Sections 304-A, 338 and 337 ipc was registered against the driver of the van on the file of the Police Station, penugonda. The wife of the deceased-Ramana Appalanaidu and injured claimants filed the aforesaid claim petitions claiming compensation.