United India Insurance Company Limited, Hyderabad. v. Smt. Bussa Anjamma And 2 Others

THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD MACMA NO. 1372 OF 2006 JUDGMENT:

This appeal is directed by the insurance company against the order and decree dated 22.02.2006 passed by the Motor Accidents Claims Tribunal-cum-the Principal District Judge, Medak at Sangareddy in O.P.No.746 of 2004 whereby the tribunal awarded compensation of Rs.3,00,000/-on account of the accident occurred on 04.09.1998 at about 7 A.M. at the outskirts of Lingareddypally Village. 2.

For the sake of convenience, the parties herein are referred to as arrayed in the tribunal.

3.

Before the tribunal, respondent No.1 remained exparte. Respondent No.2 - insurance company filed written statement denying the claim of the petition.

4.

In order to prove the case of the claimant, before the tribunal, the claimants examined PWs.1 and 2 and marked Exs.A.1 to A.5. No oral evidence is adduced on behalf of the respondents, but marked Ex.B.1- copy of policy. 5.

Learned standing counsel appearing for the insurance company contended that the tribunal failed to see that Ex.B.1 is an Act Policy and that the 3rd respondent has not paid any

extra premium to cover the risk of the deceased or any body else and hence, the insurance company is not liable to pay the compensation and hence, prayed to allow the appeal. 6.

Learned counsel appearing for the claimants contended that the award passed by the tribunal is well considered and hence, prayed to dismiss the appeal.

7.

On perusal of the entire material available on record and having regard to the facts and circumstances of the case, the manner in which the accident occurred clearly indicates that the deceased was traveling along with the goods i.e. paddy in the tractor/trailer and because of Stephny tyre fell on the ground, tractor/trailer ran over the same, for which the deceased fell down, sustained injuries and died on the way of hospital and that if the vehicle ran over the body of the deceased, the claimants are entitled for compensation as the accident has to be treated as Act policy considering the deceased as 3rd party.

8.

In view of the above, the appeal is dismissed. There shall be no order as to costs.

Miscellaneous petitions if any, shall stand closed. _______________________ T.AMARNATH GOUD,J Date: 12.11.2019 kvrm