NATIONAL INSURANCE COMPANY LIMITED Vs. SAMPANGI CHANDRAKALA

JUDGEMENT

(1.) This appeal is preferred by the appellant/2nd respondent/insurance company questioning the order of the Chairman, Motor Accident Claims Tribunal-cum-District Judge, Adilabad (for short, the Tribunal) in O.P.No.554 of 2004 dated 05.09.2007.

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

(3.) The brief facts of the case are that on 07.04.2004 in the morning while the deceased-Sampangi Shantaiah along with his wife and some others were traveling in a tipper bearing No.AP 26T 7178 from Sofinagar to Nagampet, on the way at about 9.30 hours near Picnic Daba, due to the rash and negligent and high speed driving, he could not control it, resultantly when a jeep came in its opposite direction, the tipper turned turtle and the deceased died on the spot and others received grievous injuries. Prior to the accident, the deceased was earning Rs.6,000/- per month as stone cutter and was contributing his entire earnings to the welfare of petitioners 1 & 2, who are his wife and son respectively, but because of sudden death of the deceased, the petitioners lost their love and affection and also dependency. Hence, the petitioners filed the claim petition claiming compensation of Rs.3,00,000/-, payable by both the respondents, being the owner and insurer of the offending tipper.