REGIONAL MANGER Vs. RAMAVATH LAXMAMMA

JUDGEMENT

(1.) This appeal is preferred by the appellant/2nd respondent/insurance company questioning the order of the Additional Special Judge for SPE & ACB Cases-cum-V Additional Chief Judge, City Civil Court, Hyderabad (for short, the Court below) in O.P.No.1485 of 1996 dated 31.07.1998.

(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 petitioner is the wife of the deceased-Ramavath Padithya. On 03.11.1996 at about 10.00 a.m., the deceased and some others were sitting at the Kondamadugu Mett Bus stage on Hyderabad to Bhongir Road and then one lorry bearing No.ATK 455 came from Hyderabad side going towards Bhongir side being driven at high speed and in a rash and negligent manner and ran over the deceased and others, who were sitting by the side of the road and the deceased sustained injuries and then he was taken to Gandhi Hospital, Secunderabad immediately and while undergoing treatment, he succumbed to the injuries on 16.11.1996 at about 7.00 p.m. Prior to the accident, the deceased was doing labour work and used to earn a sum of Rs.3,000/- per month being aged 48 years. Hence, the petitioner filed the claim petition claiming compensation of Rs.2,00,000/-, payable by both the respondents, being the owner and insurer of the offending vehicle.