NATIONAL INSURANCE CO. Vs. VAREE SUBHADRA

JUDGEMENT

(1.) This appeal is filed by the appellant-Insurance Company under Sec. 173 of the M.V.Act, against the Award and decree passed by the Motor Accident Claims Tribunal (VI Additional District Judge), Mahabubabad (hereinafter referred to 'learned Tribunal') in M.V.O.P.No.476 of 2014, dtd. 16/9/2019, wherein the Tribunal has granted compensation of Rs.14,81,200.00 to the respondent No.1 herein.

(2.) For the sake of convenience, the parties will be hereinafter referred to as they are arrayed before the learned Tribunal.

(3.) The brief facts of the case are that claimants filed M.V.O.P.No.476 of 2016 under Sec. 166 of the Motor Vehicle Rules 1989 seeking compensation for the death of the Varre Raju (hereinafter referred to as 'deceased') who died in the accident alleged to have caused due to rash and negligent manner by the driver of the Lorry bearing No.TS-02-UA0999. It is contended that on 9/5/2006, the deceased was proceeding on his motor bike bearing no.AP-36-L5200 towards Kurvai Village on Warangal-Khammam highway, when the deceased reached near Hero Honda showroom, a lorry bearing No.TS-02-UA-0999 driven by respondent No.1 in a rash and negligent manner, dash the deceased's vehicle, as a result deceased received several injuries all over the body and died on the spot. The Police registered a case, vide Crime No.96 of 2016 under Sec. 304-A of IPC against the respondent No.1/driver of offending vehicle, wherein a charge sheet was also filed against driver of the Crime Lorry and made him responsible for the accident. The appellants/claimants claimed an amount of Rs.8,00,000.00 as compensation for the death of the deceased under various heads.