NEW INDIA ASSURANCE CO LTD Vs. SURAYA BEE

JUDGEMENT

(1.) THIS appeal by New India Assurance company Limited is against award dated 15-04-2003 in O. P. No. 817 of 2000 passed by Motor Accidents Claims Tribunal-cum-District Judge, Nizamabad.

(2.) RESPONDENT Nos. 1 to 3 herein (claimants) are legal heirs of one Ayyub khan, who was statedly 25 years and was working as cleaner in lorry bearing No. MWY 6300 (first lorry) and was earning Rs. 3,000/-per month. On 03-03-2000 when he was going on duty as cleaner from Hyderabad towards Nagpoor, first lorry dashed against another lorry bearing No. AP9u 6760 (second lorry) coming in opposite direction. Ayyub khan sustained injuries and died on the spot. Claimants instituted OP claiming rs. 4,00,000/- as compensation alleging negligence on the part of driver of first lorry.

(3.) OWNER of first lorry filed written statement opposing OP. He alleged that accident occurred due to rash and negligent driving of second lorry and therefore, he is not liable for payment of compensation. He also alleged that deceased was working as a cooli earning Rs. 50/- per day and therefore, rs. 4,00,000/- as claimed is exorbitant. Insurer of first lorry filed a separate written statement alleging that accident occurred due to rash and negligent driving by driver of second lorry and that in the absence of driver, owner and insurer of second lorry as parties, OP is liable to be dismissed and that amount claimed by claimants is exorbitant.