UNITED INDIA INSURANCE CO LTD Vs. RAHEEMUNNISA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 8.7.1992 in O.P. No. 429 of 1991 on the file of the Chairman (Addl. District Judge), Motor Accidents Claims Tribunal, Cuddapah.

(2.) The brief facts leading to the filing of the said O.P. are that on 24.7.91 at about 4.00 p.m. the deceased, Amjad Pasha, driver of the lorry bearing No. AP-3-T-9090 had taken the lorry to the Indian Cement Factory Ltd., Chilamakur and kept the lorry in the lorry stand in front of the factory and while he was sleeping in front of his lorry, at about 10.00 p.m. a lorry bearing No. APG 7569 belonging to the respondent No.1, which was driven in a rash and negligent manner, ran over the deceased and caused his death. The claimants are the widow of the deceased Rahee-munnisa, claimant Nos. 2 and 3 Nayuma and A. Basha are daughter and son and Kairunbi, the mother of the deceased. The claimants stated that the deceased was their sole breadwinner and was aged about 30 years and hale and hearty at the time of accident. Therefore, they claimed a sum of Rs. 2,25,000 by way of compensation for the loss of dependency, estate and non-pecuniary damages.

(3.) The owner of the vehicle, respondent No. 1, remained expane and the respondent No. 2, insurer of the vehicle involved in the accident filed its counter stating that the accident had occurred at the lorry stand of Indian Cement Factory Ltd., which is a private place and so the insurance company is not liable to pay the compensation. It is further contended that the accident took place due to negligence of the deceased, that even otherwise, the claimants have to prove that the driver of the lorry had caused the accident and that he had a valid driving licence. The vehicle involved in the accident was insured with this respondent and the policy was in force. It further stated that the claim made by the claimants is exorbitant and excessive and liable to be rejected.