RELIANCE GENERAL INSURANCE CO. LTD. Vs. ADLAPALLI SARITHA

JUDGEMENT

(1.) This appeal is preferred by the appellant/Insurance Company questioning the Order and Decree of the Motor Vehicle Accident Claims Tribunal-cum-Judge, Family Court-cum-Additional District Judge at Karimnagar (for short, the Tribunal) in O.P.No.269 of 2009, dated 18.05.2011.

(2.) The brief facts of the case are that respondent No.1 is the wife, respondent No.2 is the daughter, respondent No.3 is the son and respondent No.4 is the mother of the deceased, A.Satyanarayana. On 30.04.2008, while the deceased was traveling in an auto bearing No.AP15W 9929 to go to Karimnagar from Vemulawada, and when the auto reached near Shanthinagar bus stage at the outskirts of Chinthakunta at about 3.00 am., the driver of the auto drove it in a rash and negligent manner and dashed against a stationed lorry, as a result of which, the deceased died on the spot. Respondent Nos.1 to 4 herein filed the aforesaid OP against owner of the auto (respondent No.5 herein) and insurer of the auto (appellant herein), claiming compensation of Rs.15,00,000/- for the death of the deceased.

(3.) Before the Tribunal, owner of the auto, remained ex parte. The appellant-Insurance Company filed a 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, as the driver of the auto was not having driving licence, and prayed to dismiss the claim petition.