PUJARI SUDHAKAR Vs. KANDIMALLA SRINIVASA RAO

JUDGEMENT

(1.) This appeal is preferred by the appellant/insurance company questioning the order of the Motor Accident Claims Tribunal-cum-Special Sessions Judge for Trial of SCs/STs (POA) Cases-cum-Additional District Judge, Nalgonda (for short, the Tribunal) in M.V.O.P.No.134 of 2010, dated 30.06.2016.

(2.) The brief facts of the case are that respondent No.1 is the wife and respondent No.2 is the son and respondent No.3 is the mother of the deceased, Bandaru Yadaiah. On 21.12.2009 at about 1.30 pm., while the deceased was going to Mandal Revenue Office from his house on Hero Honda bearing No.AP24M 8772, and when he reached near the MRO Office, Chityal, a lorry bearing No.MP19D 9297, came at high speed and in a rash and negligent manner from his behind and dashed his motorcycle. In the said accident, the head of the deceased was completely damaged, due to which, the deceased died on the spot. Respondent Nos.1 to 3 herein filed the aforesaid MVOP against the owner of the lorry (respondent No.4 herein) and the insurer of the lorry (appellant herein), claiming compensation of Rs.20,00,000/- for the death of the deceased.

(3.) Before the Tribunal, owner of the lorry, remained ex parte. The appellant-insurance company filed counter denying the allegations and contended that the amount claimed by the claimants is highly excessive and that it is not liable to pay any compensation and therefore prayed to dismiss the claim petition.