ORINENTAL INSURANCE CO LTD Vs. GHOUSIA BEGUM

JUDGEMENT

(1.) This appeal is filed by the appellant-insurance company aggrieved by the Order and Decree dated 23-12-2009 passed in O.P.No.91 of 2008 by the Motor Accident Claims Tribunal-cum-XVI Additional Chief Judge-cum-II Additional Metropolitan Sessions Judge, Hyderabad (for short, the Tribunal).

(2.) The brief facts of the case are that respondent No.1 is the mother and respondent Nos.2 to 4 are brothers of the deceased- Mohammed Khaja Ali. On 03.06.2007 at about 2.00 pm., while the deceased was riding the motorcycle bearing No.AP9BF 5509 along with his father Mohd.Ghouse as pillion rider, and when he reached Shabad Cross Roads on Chevella Hyderabad road, the deceased met with accident, sustained injuries and subsequently succumbed to the injuries due to the rash and negligent driving of the driver of Eicher/DCM van bearing No.AP28W 3006. Respondent Nos.1 to 4 herein filed the aforesaid OP claiming compensation of Rs.5,00,000/- against the owner (respondent No.5 herein) and insurer of the Eicher (appellant herein).

(3.) Before the Tribunal, respondent No.5 herein remained ex parte. The appellant filed its counter denying the averments of the claim petition and contended that the amount claimed is excessive and prayed to dismiss the claim petition.