UNITED INDIA INSURANCE CO. LTD. Vs. GAJJELA LAXMAMMA

JUDGEMENT

(1.) This appeal is filed by the United India Insurance Company Limited, questioning the grant of compensation to the claimants by the Tribunal, mainly on the ground that according to the charge sheet filed by the Police after investigation, the deceased was shown as accused who caused accident and the case was abated on account of his death. Since the police investigation did not reveal the complicity of the insured vehicle and its driver, the question of fastening liability on the insurer does not arise.

(2.) Briefly, the case of the claimants is that the deceased and his friend-PW3 were going on motorcycle from Nidamanoor to Miryalaguda and about 8.30 p.m., the motorcycle dashed against the stationed Tractor and Trailer bearing No.AIC 2240. On account of the impact, the deceased was taken to hospital and he died while undergoing treatment in the hospital.

(3.) Learned Tribunal Judge having examined PWs.1 to 3 and marking Exs.A1 to A8 found that the deceased died due to the negligence of the driver of the Tractor and Trailer and accordingly claimants entitled for compensation.