UNITED INDIA INSURANCE CO.LTD. Vs. CH.SWAPNA

JUDGEMENT

(1.) This appeal is directed by the insurance company against the judgment and decree dated 16.12.2008 passed in O.P.No.417 of 2006 by the Motor Accidents Claims Tribunal-cum-District Judge, Nizamabad, (for short 'the Tribunal) awarding compensation of Rs.8,02,125/- with proportionate costs and interest at 9% per annum from the date of petition till the date of realization and making respondent Nos.1 and 2 jointly and severally liable to pay the compensation holding that the accident occurred due to rash and negligent driving of the driver of the tipper lorry, insurance policy was subsisting on the date of accident and the claimants are entitled for the compensation, as against the claim of Rs.10,00,000/-.

(2.) For the sake of convenience, the parties are hereinafter referred to as arrayed in the Tribunal.

(3.) The brief facts of the case are as follows: