NATIONAL INSURANCE COMPANY LIMTED Vs. D.SUJATHA

JUDGEMENT

(1.) This appeal is preferred by the appellant/2nd respondent/insurance company questioning the order of the Additional Chief Judge-cum-Judge, Family Court, Secunderabad, FAC of I Additional Chief Judge, City Civil Court, Secunderabad (for short, the Court below) in M.V.O.P.No.257 of 2008 dated 05.08.2010.

(2.) For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the Court below in the original petition.

(3.) The brief facts of the case are that the 1st petitioner is the wife and the 2nd petitioner is the son of the deceasedD.Rama Lingam. On 26.05.2008 at about 5.10 hours, the deceased, aged 54 years, worked as Police Constable in A.P. Special Police, while on duty at Raj Bhavan Relief Commander, went to take tea in the hotel, which is opposite Raj Bhavan and while returning to his duty when crossing the road, suddenly one motor cyclist proceeding from Yashoda Hospital towards V.V. Statue came with high speed with rash and negligent manner hit the deceased, due to which, he sustained bleeding injuries and died on the spot. Hence, the petitioners filed the claim petition claiming compensation of Rs.16,00,000/- with interest @ 18% per annum from the date of petition till the date of realization and costs, payable by both the respondents, being the owner and insurer of the offending vehicle.