NEW INDIA ASSURANCE COMPANY LIMITED Vs. P RAJU
LAWS(APH)-2010-2-8
HIGH COURT OF ANDHRA PRADESH
Decided on
February 25,2010
NEW INDIA ASSURANCE COMPANY LIMITED.
Appellant
VERSUS
P.RAJU
Respondents
Referred Judgements :-
TAFF VALE RLY. V. JENKINS [REFERRED TO]LATA WADHWA VS. STATE OF BIHAR [REFERRED TO]
SUPE DEI VS. NATIONAL INSURANCE COMPANY LIMITED [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. SATENDER [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. SYED IBRAHIM [REFERRED TO]
JUDGEMENT
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(1.)This M.A.C.M.A. arises out of award dated 30.08.2006 in O.P. No. 206 of 2005 on the file of the Motor Accidents Claims Tribunal - cum - III Additional Chief Judge, City Civil Court. Hyderabad (for short 'the Tribunal'), whereby the Tribunal awarded a sum of Rs. 1,50,000/- as compensation for the death of a seven year old boy.
(2.)For convenience, the parties are referred to as they are arrayed in the O.P.
(3.)A boy aged seven years, by name Rakesh, the son of the petitioners, died on 05.09.2004 while he was travelling along with his parents in a TATA SUMO bearing registration No. AP 10U 7185 from Vijayawada to Hyderabad. The death occurred on account of the vehicle hitting a tree. The petitioners sued the respondents, who are owner and insurance company respectively, for recovery of Rs. 2,00,000/- for the death of the boy. The Tribunal framed the following issues:
1. Whether the deceased died in the accident took place on 05.09.2004 due to the rash and negligent driving of the driver of th Tata Sumo bearing No. AP 10U 7185?
2. Whether the petitioners are entitled for compensation? If so, to what amount and from whom?
3. To what relief?
(2.)For convenience, the parties are referred to as they are arrayed in the O.P.
(3.)A boy aged seven years, by name Rakesh, the son of the petitioners, died on 05.09.2004 while he was travelling along with his parents in a TATA SUMO bearing registration No. AP 10U 7185 from Vijayawada to Hyderabad. The death occurred on account of the vehicle hitting a tree. The petitioners sued the respondents, who are owner and insurance company respectively, for recovery of Rs. 2,00,000/- for the death of the boy. The Tribunal framed the following issues:
1. Whether the deceased died in the accident took place on 05.09.2004 due to the rash and negligent driving of the driver of th Tata Sumo bearing No. AP 10U 7185?
2. Whether the petitioners are entitled for compensation? If so, to what amount and from whom?
3. To what relief?
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