UNITED INDIA INSURANCE CO LTD Vs. NEKKALLA AMMATHALLI

JUDGEMENT

(1.) THESE appeals by the United India Insurance company Limited are against two different awards in relation to same accident. Therefore, it is expedient to pass a common judgment.

(2.) ONE Nekkala Akkunaidu, who is son of respondent Nos. 1 and 2, and brother of respondent Nos. 3 and 4 in both the appeals (claimants), died in a motor accident on 24. 2. 1997. Claimants filed the original petitions one under Section 166 of the Motor vehicles Act 1988 (the Act, for brevity), and the other under Section 140 of the Act read with Rule 476 of the Andhra Pradesh motor Vehicles Rules, 1989, before the motor Accident Claims Tribunal-cum-III additional District Judge, Visakhapatnam.

(3.) NEKKALA Akkunaidu was working as a helper in the Tipper lorry bearing No. AP 31 T 3183. On 24. 2. 1997 the deceased along with driver of Tipper lorry went to tina Godowns at Malakapuram for loading the Tipper lorry with Soyabeen powder. As there was sometime for completion of loading, deceased went to sleep on nearby gunny bags, and driver went to sleep in his lorry. At about 2. 40 hours driver of lorry bearing No. AP 31/t-8374 loaded with soyabeen powder and driven by Jailal (first respondent in the OPs ) in a rash and negligent manner ran over the deceased, who was sleeping, causing his instantaneous death. Claimants filed MVOP No. 94 of 1998 claiming Rs. 50,000/- as compensation under no fault liability, and MVOP No. 1073 of 1998 claiming Rs. 2,50,000/- as compensation for the death of the deceased. Owner and insurer of offending lorry contested the OPs. Insurer contended that there is no valid subsisting policy, that driver of offending lorry had no valid licence, and therefore, it is not liable to pay the compensation claimed.