G NOOKARATHNAM Vs. UNITED INDIA FIRE AND GENERAL INSURANCE CO
LAWS(APH)-1987-4-3
HIGH COURT OF ANDHRA PRADESH
Decided on April 24,1987

G.NOOKARATHNAM Appellant
VERSUS
UNITED INDIA FIRE AND GENERAL INSURANCE CO. LTD Respondents

JUDGEMENT

Amareswari, J. - (1.) This is an appeal against the order of the Motor Accidents Claims Tribunal, Secunderabad, dated 31/03/1980, in O.P. No. 297 of 1978 awarding a sum of Rs. 10,000 in all towards compensation with interest at the rate of 6% per annum.
(2.) The deceased, Surya Rao, was aged about 28 years. He was unmarried. He was working as a testing engineer in BHEL, Ramachandrapuram, earning about Rs. 1,050.50 per month. On 5/09/1977, at about 7-30 a.m., he was going in the bus, APZ 6789, belonging to the Andhra Pradesh State Road Transport Corporation to his work place at Ramachandrapuram. On the way, the bus collided with a lorry coming in the opposite direction belonging to the second respondent. In the accident, Surya Rao sustained multiple injuries and died on the spot. His, father, P. Suryanarayana, his five sisters and one brother filed a petition before the Accidents Claims Tribunal claiming a compensation of Rs. 2,10,000 on the ground that the deceased, Surya Rao, was the sole bread-winner of the family. The first respondent is the insurance company with which the lorry was insured. The second respondent is the owner of the lorry and the third respondent is the Andhra Pradesh State Road Transport Corporation, the owner of the bus.
(3.) The insurance company filed a counter that they are not liable to pay compensation and in any event their liability is limited to Rs. 50,000. The owner of the lorry remained ex parte.;


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