G.NEELAMMA Vs. GOPAL REDDY

JUDGEMENT

(1.) Appellant is unsuccessful complainant.

(2.) The case of the complainants in brief is that first complainant is the mother and second complainant is the brother of late G. Narayana Swamy. He is the driver working on the van bearing No. AP-02-U-4399 insured for Rs. 2 lakhs covering the liability of the driver by receiving additional premium of Rs. 100/-. While so when he was driving the van belonging to Op1 on 28.1.2004 the driver of the lorry bearing No. AP-02-U-4412 while driving it in a rash and negligent manner dashed against the van due to which G. Narayana Swamy driver died on spot. When claim was made the insurance company did not repudiate nor settle the claim. They being beneficiaries of the policy entitled to claim compensation, and therefore claimed a sum of Rs. 2 lakhs with interest together with costs of Rs. 5,000/-.

(3.) Op1 owner resisted the matter. He alleged that he paid Rs. 100/- towards additional premium for coverage of liability of driver in addition to statutory liability. He should be indemnified by the insurance company. Personal accident coverage to the paid driver was endorsed as per IMT-17. He admitted that deceased G. Narayana Swamy died in the accident while he was working as a driver. A petition under Workmen's Compensation Act was also filed, and compensation was awarded under W.C. Act. Therefore he prayed for dismissal of the complaint against him with costs.