NATIONAL INSURANCE COMPANY LIMITED Vs. GORLA VENKATAMMA

JUDGEMENT

(1.) This appeal is arising out of the Order and Decree dated 13.12.2010 passed in O.P. No.96 of 2008 by the IV Additional District Judge, Mahabubnagar (for short, the Tribunal).

(2.) Brief facts of the case are that on 012007, at about 8:30 PM, while the deceased G. Balraj, along with one Golla Mallesh, was proceeding from Ranipet towards Jadcherla on motorcycle bearing No.AAM 3357 and when they reached Kothapally village outskirts, an Oil Tanker bearing No.AP-16TW-869 came in opposite direction and dashed against the motorcycle of the deceased. As a result, the deceased fell down and sustained injuries to his head and died on the spot. Alleging that the accident occurred due to the rash and negligent driving by the driver of the Oil Tanker, the petitioners, who are the legal representatives of the deceased G. Balraj filed the claim petition claiming compensation of Rs. 6,00,000/- against respondents 1 and 2, the owner and insurer, of the crime vehicle.

(3.) Heard the arguments of Sri Naresh Byrapaneni, learned counsel for the insurance company; and Sri Bajrang Singh Thakur, learned counsel for the petitioners-claimants.