NATIONAL INSURANCE CO LTD Vs. NAKKA VENKANNA

JUDGEMENT

(1.) THESE two appeals under section 173 of the Motor Vehicles Act, 1988 ('the Act', for brevity) are filed against two different awards in separate M.V.O.Ps. Impugned orders were passed by Motor Accidents Claims Tribunal-cum- I Additional District Judge, Visakhapatnam, on two different dates, but M.V.O.Ps. were filed in connection with the same accident involving the same vehicle. The point involved in these two appeals is the same and, therefore, they are being disposed of by this common order.

(2.) ON 12.4.1999 one Yeluri Srinu and Nakka Rambabu and others were travelling in a jeep bearing No. OR 06-B 9111 belonging to Gayatri Project Limited. At a place called Peddapadu near Srikakulam lorry bearing No. AHH 2125 insured with National Insurance Co. Ltd., the appellant herein, dashed against the jeep. Srinu and Rambabu died in the accident. Alleging that both of them died due to rash and negligent driving by lorry driver, wife, minor son and parents of deceased Srinu filed O.P. No. 829 of 1999 claiming a sum of Rs. 5,00,000 and parents of deceased Rambabu filed O.P. No. 1926 of 1999 claiming a sum of Rs. 2,00,000 as compensation for death.

(3.) THE only contention raised before this court is that as on the date of accident on 12.4.1999 offending lorry originally insured with appellant insurer was not having valid insurance policy and, therefore, impugned awards are erroneous.