BRANCH MANAGER NEW INDIA ASSURANCE CO LTD Vs. V JAYARAMAPPA
LAWS(APH)-2008-6-10
HIGH COURT OF ANDHRA PRADESH
Decided on June 11,2008

BRANCH MANAGER, NEW INDIA ASSURANCE CO.LTD. Appellant
VERSUS
V.JAYARAMAPPA, CHIKK VENKATARAMANAPPA Respondents




JUDGEMENT

- (1.)RESPONDENTS 1 and 2 filed a claim petition under Section 166 of the Motor vehicles Act, 1988 (for short - 'the Act'), seeking compensation from the third respondent i. e. the owner of a Van bearing No. KA-19-1392, and the appellant, the insurer of the said Van, alleging that on 08. 01. 1994 when their mother (the deceased) along with two others was proceeding in the said Van transporting cows from Peddapalli to their native place, as a result of the rash and negligent driving of its driver, the said Van met with an accident resulting in the death of their mother and injuries to others and so they are entitled to Rs. 50,000/-as compensation. In that petition they filed I. A. No. 1/96 under Section 140 of the Act seeking interim compensation of Rs. 50,000/- for the death of their mother. Appellant filed its counter inter alia contending that inasmuch as the deceased admittedly was travelling as a passenger in a goods vehicle, it is not liable to pay any compensation much less the compensation under Section 140 of the Act.
(2.)WITHOUT considering the contentions of the appellant, the Tribunal, by its award dated 25. 11. 1998, impugned in this appeal, held that inasmuch as the deceased died in an accident, respondents 1 and 2 are entitled to interim compensation of Rs. 50,000/ -. Hence, this appeal by the insurer of the Van involved in the accident.
(3.)THE point for consideration is whether the appellant can be made liable to pay compensation for the death of the deceased who was travelling as a passenger in a goods vehicle?
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