NATIONAL INSRUANCE COMPANY LIMITED Vs. N PREMALATHA

JUDGEMENT

(1.) This appeal is preferred by the appellant/Insurance Company questioning the Award of the Motor Accident Claims Tribunal-cum-IX Additional Chief Judge (FTC), City Civil Court, Hyderabad (for short, the Tribunal) in M.V.O.P.No.1536 of 2011, dated 18.12.2012.

(2.) The brief facts of the case are that respondent No.1 is the wife, respondent Nos.2 and 3 are the minor children and respondent Nos.4 and 5 are the parents of the deceased, N.Mohan Reddy. On 23.04.2011 at about 7.30 PM., when the deceased went to Yacharam Village on his motorcycle bearing No.AP29BC 9719, the lorry bearing No.AP16TT 5532, which was proceeding from Nagarjuna Sagar towards Hyderabad, which was negligently stopped by its driver in front of Laxmi Durga Rice Mill without any signals or indicator. While so, the deceased dashed against the said stained lorry from its back side as he could not see the same due to dazzling of lights of opposite coming vehicles. As a result, the deceased sustained multiple injuries and head injury and died on the spot. The respondents 1 to 5 herein filed the aforesaid MVOP against the owner of the lorry (respondent No.6 herein) and the insurer (appellant herein), claiming compensation of Rs.8,00,000/- for the death of the deceased.

(3.) Before the Tribunal, owner of the lorry, remained ex parte. The appellant-Insurance Company filed its counter denying the allegations and contended that the amount claimed by the claimants is highly excessive and that it is not liable to pay any compensation and prayed to dismiss the claim petition.