ORIENTAL INSURANCE COMPANY LIMITED Vs. AKULA NARAYANA

JUDGEMENT

(1.) This appeal is filed by the appellant-Insurance Company aggrieved by the order and decree, dtd. 29/4/2021, passed in O.P.No.3128 of 2014 on the file of the Motor Accidents Claims Tribunal-cum-IIII Additional Chief Judge, City Civil Court, Hyderabad (in short " Claims Tribunal ").

(2.) Before the Claims Tribunal the claimant filed claim petition under Sec. 163-A of the Motor Vehicles Act (for brevity the M.V.Act) seeking compensation of Rs.5,00,000.00 consequent on death of his daughter, 4 years, in a motor vehicle accident. It is stated by the claimant that on 18/5/2014 when his daughter and wife and other relatives were proceeding in a Omni Quails Van bearing No.AP-32-D-0300 towards Toopran side, and when the said vehicle reached near Check Post, Medchal the driver of the said vehicle drove it in a rash and negligent manner and hit an unknown vehicle while it was taking a turn towards Shamirpet, as a result of which there was head on collusion.

(3.) Due to the impact of the accident, the inmates of Qualis vehicle i.e. deceased-Rajeswari and her mother sustained fatal injuries and died on the spot. The other inmates of the Qualis vehicle and the driver also sustained injuries. Since the accident occurred due to rash and negligent driving of the driver of Tata Qualis vehicle bearing No.AP-32-D-0300, the claimant filed claim petition seeking compensation of Rs.5,00,000.00 against the respondents 1 and 2, being the owner and insurer of the said vehicle.