NEW INDIA ASSURANCE COMPANY LIMITED Vs. PETLU NAGARATNAM

JUDGEMENT

(1.) CHALLENGE in this appeal by the New India Assurance Company Limited is to the award dated 15. 03. 2001 in M. V. O. P. No. 559 of 1996 passed by the Motor accident Claims Tribunal-cum-II Additional District Judge, East Godavari at rajahmundry.

(2.) THE fact of the matter which is not seriously disputed may be noticed. Garaga Adilakshmi, statedly aged about 60 years and was earning about Rs. 600/-per month as a coolie, was victim of a hit and run accident occurred due to rash and negligent driving of the driver of a jeep bearing No. AP 5 T 2258 on the road between Peddapuram to Jaggampeta. Victim of the accident died on the spot. Her four childen instituted the O. P claiming Rs. 90,000/- as compensation for her death. As generally happens, driver remained ex parte. Owner of the jeep, one suri Babu, contested the O. P. He admitted that he is the owner of the jeep and that even if driver is negligent it is insurance company which has to pay the amount.

(3.) INSURANCE Company opposed the O. P denying negligence and also disputing the quantum of compensation claimed. Insurer further alleged that the jeep had no valid permit, that the driver had no valid licence and that the petitioners in the O. P are not legal heirs of deceased Adilakshmi.