NATIONAL INSURANCE COMPANY LIMITED Vs. RYAKALA MASSAMMA

JUDGEMENT

(1.) This appeal is preferred by the appellant/2nd respondent/insurance company questioning the order of the Motor Accidents Claims Tribunal-cum-V Additional District Judge (Fast Track Court), Mahabubnagar (for short, the Tribunal) in O.P.No.500 of 2004 dated 13.08.2008.

(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 21.01.2004 on the request of the 1st respondent, the deceased-Ryakala Thirupathaiah went in a jeep bearing No.AP20-U-8665 and in return journey at Rangareddyguda Village, the driver of the offending vehicle drove the same in rash and negligent manner and dashed against the opposite vehicle, due to which the deceased and two others died on the spot. At the time of the accident, the deceased was hale and healthy and earning Rs.4,000/- per month as maistry and it is the only source of income to the petitioners. The 1st petitioner is the wife, petitioners 2 & 3 are the children and the 4th petitioner is the mother of the deceased. Due to the untimely death of the deceased, the petitioners lost the financial support. Hence, the petitioners filed the claim petition claiming compensation of Rs.5,00,000/-, payable by both the respondents, being the owner and insurer of the offending vehicle.