NEW INDIA ASSURANCE COMPANY LIMITED Vs. MALLADI SUMATHI

JUDGEMENT

(1.) The present Motor Accident Civil Miscellaneous Appeal has been directed against the award dtd. 16/12/2005 in M.V.O.P.No.989 of 2003, on the file of the Chairman, Motor Accidents Claims Tribunal - cum - III Additional District Judge, Warangal (for short "Tribunal") whereby the claim made by the claimants for the death of the deceased in the accident was allowed and the Tribunal has granted compensation of Rs.6,00,000.00 as claimed by the claimants and directed insurance company to pay compensation. Aggrieved by the same, the present appeal is filed at the instance of the Insurance Company.

(2.) The appellants herein are the Insurance Company, respondents No.1 is the wife of the deceased, respondent Nos.2 and 3 are the son and daughter of the deceased, respondent No.4 is the father of the deceased and respondent No.5 is the owner of the offending vehicle. For the sake of convenience, the appellants herein are referred as the Insurance Company; respondent Nos.1 to 4 are referred as the claimants; and respondent No.5 is referred as owner of the offending vehicle.

(3.) Brief facts of the case are that on 21/7/2003 at about 12.30 p.m., while Sammi Reddy (deceased) was proceedings on his cycle towards Rising Sun School, Bhupalpally, to handover carriage to his children and when he reached near Kakatiya Bank, Bhupalpally, rider of the motorcycle bearing No.AP 15 N 3052 drove it in a rash and negligent manner and dashed against the cycle of the deceased. In the said accident, the deceased sustained grievous injuries all over the body and died while he was undergoing treatment. In the said circumstances, the claimants have filed the above said M.V.O.P.No.989 of 2003 before the Tribunal seeking compensation for the death of the deceased.