UNITED INDIA INSURANCE CO. LTD. Vs. KONDAKINDI BHARGAVI

JUDGEMENT

(1.) This appeal is preferred by the appellant/2nd respondent/insurance company questioning the order of the II Additional Chief Judge, City Civil Court, at Hyderabad (for short, the Court below) in O.P.No.25 of 2005 dated 11.10.2007.

(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, 2nd petitioner is the son and 3rd petitioner is the daughter of the deceased-K.Venkat Reddy, who was aged about 42 years and eking out his livelihood by doing agriculture and business and earning Rs.40,000/- per month. On 12.03.2004, the deceased along with two others, one Smt.K.Radhamma, Smt. Yashoda, Smt. Ahalya and Baby Rashmi, were proceeding on Maruthi Car bearing No.AP-09- AQ-0327 from Oogudu Village to Hyderabad. At about 4.15 p.m., the car reached near Dharmajigudem on Vijayawada, Hyderabad Highway, a lorry tanker bearing No.AP-09W-5342, driven in a rash and negligent manner at high speed came on the wrong side of the road and dashed against the Maruthi Car. As a result of which, Radhamma died on the spot. The other ailments of the car sustained injuries and while undergoing treatment the deceased died at about 10.00 p.m. Due to the untimely death of the deceased, the petitioners lost his love and affection and as well their sole source of dependents. The petitioners spent about Rs.50,000/- towards the treatment of the deceased in Kamineni Hospital. Hence, the petitioners filed the claim petition claiming compensation of Rs.20,00,000/-, payable by both the respondents, being the owner and insurer of the offending lorry tanker.