UNITED INDIA INSURANCE COMPANY LIMITED Vs. RECHINTHALA CHENNAIAH

JUDGEMENT

(1.) This appeal is filed by the appellant-2nd respondent/insurance company aggrieved by the Order and Decree dated 24.06.2005 passed in O.P.No.509 of 1998 by the Motor Accidents Claims Tribunal-cum-IV Additional District Judge (FTC), Mahabubnagar (for short, the Tribunal).

(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 the 1st petitioner is the husband, petitioners 2 to 5 are the children of the deceased-R.Kamalamma. On 20.02.1997 the deceased along with her family members boarded in a Travel Agency bus bearing No.AP-03V-1010 at Afzal Gunj, Hyderabad, in order to go to Thirupathi. When the bus reached near to Nakkalakula Vanka Bridge near Edamadaka Village on N.H.No.7 at night about 2.15 a.m., on 21.02.1997, the bus turned turtle and fell down by the road side, due to rash and negligent speed driving of the bus driver. In the said accident, the deceased and one co-passenger died on the spot and some other persons received injuries. Prior to the accident, the deceased was aged about 47 years and was earning Rs.2,000/- per month by doing tailoring work and contributing the same to her family. Hence, the petitioners filed the claim petition claiming compensation of Rs.2,00,000/-, payable by both the respondents, being the owner and insurer of the offending bus.