ORIENTAL INSURNACE COMPANY LIMITED Vs. PASULA RAVI

JUDGEMENT

(1.) This appeal is filed by the appellant-2nd respondent/insurance company aggrieved by the Order and Decree dated 02.06.2005 passed in O.P.No.242 of 2002 by the Motor Accident Claims Tribunal (District Judge), Nizamabad (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 on 13.01.2002 the deceased-Pasula Lavanya was going on the side of the road by walk from M.S.C. farm towards Bapunagar Tanda side on Bodhan to Nizamabad road. At about 9.00 a.m., when she reached near Bapunagar bridge, at the same time lorry bearing No.AAT-3235, driven by its driver at high speed and in rash and negligent manner came from opposite direction on wrong side of the road and dashed the deceased with front portion of the lorry, due to which the front wheel of the lorry ran over the deceased resulting head injuries, crush injuries, multiple fractures and she was shifted to the Government Hospital, Bodhan. Thereafter, she was referred to the Government Head Quarters Hospital, Nizamabad, and was referred to Gandhi Hospital, Secunderabad. On 14.01.2002 at about 3.00 a.m., she succumbed to the injuries. Prior to the accident, the deceased was aged 10 years, she was student-cum-agriculturist and was earning Rs.3,000/- per month and was contributing her earnings to the petitioners. Hence, the petitioners, who are the parents of the deceased, filed the claim petition claiming compensation of Rs.4,00,000/-, payable by both the respondents, being the owner and insurer of the offending lorry.