UNINA INDIA INSURANCE CO.LTD Vs. SIRAMONI KISTAIAH

JUDGEMENT

(1.) The insurer/2nd respondent disputing the quantum of compensation awarded in the decree and order dtd. 22/3/2012 in O.P.No.213 of 2009 on the file of the Chairman, Motor Accident Claims Tribunal-cumAdditional District Judge-cum-Special Judge for SC/STs (POA) Act Cases, Nalgonda (for short 'the Tribunal'), preferred this appeal. The parents of Siramoni Venkataiah/deceased, who died in the motor vehicular accident dtd. 15/1/2019 filed the petition claiming compensation of Rs.21,00,000.00 for the loss of dependency. The case of the petitioners, in brief is that, on 15/1/2009 while Siramoni Venkataiah/deceased along with his friend were proceeding on Hero Honda Passion Plus bearing Registration No.AP-29-F-8925 at Kurmedu gate, one Tractor and Trailor bearing registration No.AP- 24-L-9940 came in opposite direction and dashed the motor cycle, as a result, the riders of the motor cycle were slumped and received severe head injuries and died on the spot. The Tribunal, after considering the evidence on record placed by the petitioners held that the accident occurred due to rash and negligent driving of the Tractor and Trailor, thus awarded Rs.9,20,000.00 with 7.5% interest as compensation against the owner and insurer/respondents of the Tractor and Trailor/1st and 2nd respondents.