NATIONAL INSURANCE CO. LTD Vs. NARSURI SUDARSHAN RAO

JUDGEMENT

(1.) This appeal is preferred by the appellant-National Insurance Company Limited, questioning the order and decree, dtd. 16/8/2014 passed in M.V.O.P.No.243 of 2013 on the file of the Motor Vehicle Accidents Claims Tribunal-cum-Principal District Judge, Medak At Sangareddy (for short, the Tribunal).

(2.) For the sake of convenience, the parties have been referred to as arrayed before the Tribunal.

(3.) The claimants filed a petition under Sec. 166 of the Motor Vehicles Act claiming compensation of Rs.30,00,000.00 for the death of the deceased-Narsuri Kiran Kumar, who died in a motor vehicle accident that occurred on 28/2/2013. It is stated that on that day while the deceased and his friends were going towards Basar in a Car bearing No.AP 10 AZ 3863 and reached near Railway Station on Basar-Bhainsa road, hit a lorry bearing No.AP 25 T 7887 which was parked on the middle of the road without any indicators and signals, from its behind, due to which, one person byname Srikanth, who was driving the Car died on the spot and other inmates of the Car sustained injuries and they were shifted to Government Hospital, Basar and from there, the deceased was shifted to Yashoda Hospital, Hyderabad and while undergoing treatment he succumbed to the injuries. Basing on a complaint, a case in Crime No.13 of 2013 has been registered against the driver of the Lorry. It is also stated that the deceased was M.C.A. graduate and was doing job, besides running Wine shop and doing agriculture personally and was earning Rs.50,000.00 per month. It is further stated that the deceased was an income tax assessee having PAN card. Due to the sudden death of the deceased, the claimants lost their source of income and love and affection. Therefore, the claimants filed the above O.P. against the respondents 1 to 4, who are the owner and insurer of the Lorry and owner and insurer of the Car respectively.