UNITED INDIA Vs. LAKKAVAJJULA ANURADHA

JUDGEMENT

(1.) This appeal by the United India Fire and General Insurance Co., Ltd., (Unit) All India Divisional Office Andhra Pradesh, Hyderabad, is directed against the award of the Accidents Claims Tribunal, Krishna at Machilipatnam in O.P 96/73 awarding a sum of Rs 1,00,000/- by way of compensation to respondents 1, 2 and 3 the petitioners herein under Section 110 A of the MOTOR VEHICLES ACT, 1988.

(2.) On 10.6.1973 at about 5-00 a.m Sripada Srirama Narasimha Ghanapati, Challa Venkata Annapurnayya Sastri, Lakkavajjula Satya Venkata Rama Sastry, Lakkavajjula Adi Lakshmi, Lakkavajjula Sailaja and Lakkavajjula Krishna Sastry were travelling from Vijayawada to Tanuku in an Ambassador Car A.P.U. 5432 driven by the 4th respondent herein. The 5th respondent is the owner of the said car. While it was crossing Ramileru Vagu, a lorry, APK 8514 driven by the 6th respondent hereia rashly and negligently and at a very high speed suddenly dashed against the Ambassador Car. Even after the collision, the car did not slow down and dashed against a "Nidra Ganneru" tree on the left side of the road margin. The lorry proceeded to a short distance after the collision and stopped. As a result of this accident the chasis of the Ambassador car split into two and four persons viz. Venkatrama Sastry, his wife AdiLakshmi and their two children Sailaja and Rama Krishna Sastry died on the spot instantaneously and two other occupants of the car received injuries. The 7th respondent is the owner of the lorry It is unnecessary for the purpose of this appeal preferred by the Insurance Company questioning only the quantum of compensation awarded to refer to the other facts. The finding of the tribunal that both the vehicles were driven rashly and negligently by the respective drivers and that the liability should be apportioned between them equally is also not questioned.

(3.) Though the car and the lorry were respectively insured with the Madras Motor and General Insurance Co., Ltd., Madras and All India General Insurance Co., Ltd., Hyderabad both the General Insurance Companies were merged with the United India Fire and General Insurance Co., Ltd., (Unit), the appellant herein. It is also unnecessary for the purpose of this appeal to go even into the question as to how far this apportionment is justified in the circumstances of the case. The appellant does not question this apportionment either. There is no appeal or cross-appeal by either the owners of the said vehicles or by the drivers thereof or by the legal representatives of the victims of the accident.