NEW INDIA ASSURANCE COMPANY LIMITED Vs. CHITIKALA RAMULAMMA

JUDGEMENT

(1.) This appeal is preferred by the appellant - insurance company challenging the order dated 31.01.2008 in OP.No.452 of 2006 passed by the VII Additional District Judge, Mahabubnagar.

(2.) The claimants are the family members and dependants of the deceased, Chitkala Ramulu, who died in a road accident. It is the case of the claimants that on 04.04.2006 at about 4.30 PM the deceased was travelling from Kondurg to Parigi in an auto bearing No.AP 22 U 5772 in order to purchase paints. On the way, on the outskirts of Kondurg, the driver of the auto drove the auto in a rash and negligent manner in a high speed and dashed an unknown vehicle going in the opposite direction, as a result of which the inmates of the auto i.e. Ramulu and others sustained grievous injuries and Ramulu succumbed to the injuries on the way to hospital. Thus, the claimants filed the OP seeking compensation of Rs.2,00,000/-. As such, the respondents being the owner and insurer of the vehicle respectively are liable to pay compensation.

(3.) The claimants examined P.Ws.1 and 2 and marked Exs.A1 to A10. On behalf of the respondent No.2, R.W.1 was examined and Exs.B1 to B3 were marked.