LAWS(TLNG)-2019-12-362

NATIONAL INSURANCE COMPANY LIMITED Vs. GURUVAPPA

Decided On December 03, 2019
NATIONAL INSURANCE COMPANY LIMITED Appellant
V/S
Guruvappa Respondents

JUDGEMENT

(1.) This appeal is preferred by the appellant/2nd respondent/insurance company questioning the order of the Motor Accident Claim Tribunal (IV Additional District Judge) (FTC), Nizamabad (for short, the Tribunal) in O.P.No.2054 of 2001 dated 07.10.2005.

(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 the petitioners are the parents of the deceased-Suryateja. On 25.10.2001 at about 3.30 p.m., while the petitioners along with the deceased were going from Nizambad to Sirikonda on scooter bearing No.AP25-D-493 and the petitioner No.1 was driving the scooter on his left side of the road very slowly and cautiously, when they reached Indalwai Forest, on N.H.No.7 at a distance of 3 km towards South from Dichpally Police Station, at about 3.30 p.m. he stopped the scooter and the deceased was coming after answering the nature call, meanwhile a Tata Sumo bearing No.AP-9-AJ-7131 driven by its driver in rash and negligent manner at high speed and drove on wrong side of the road (Tata Sumo was coming from Indalwai side and going towards Nizamabad) and the driver of the Tata Sumo lost his control over the Tata Sumo and dashed against the deceased and the Tata Sumo ran over the deceased, due to which the deceased sustained multiple and grievous head injuries and other multiple and grievous injuries all over the body. Immediately he was taken to Government Head Quarters Hospital, Nizamabad, where he was declared dead. The accident occurred due to the sole rash and negligent driving of the driver of the Tata Sumo. Hence, the petitioners filed the claim petition claiming compensation of Rs.3,00,000/-, payable by both the respondents, being the owner and insurer of the offending Tata Sumo.