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1998 Supreme(AP) 380

AVINASH SOMAKANT BHATE
United India Insurance Co. Ltd – Appellant
Versus
M. RAMULU – Respondent


A. S. BHATE, J.

( 1 ) ON 26-10-1998 in the afternoon one Mallesh Yadav was riding his bicycle from Secunderabad to Begumpet. One lorry bearing No. MMS-4001 came from behind at excessive speed and hit Mallesh Yadav (hereinafter referred to as deceased ). He died at the spot. As a result, the parents, and siblings of the deceased filed the petition before the Motor Accidents Claims Tribunal, hyderabad, for seeking compensation of Rs. 1,50,000/- from the owner of the lorry, and United India Insurance Company, which is the appellant as it had insured the vehicle.

( 2 ) THE claim was not challenged by the owner of the lorry. The Insurancecompany did not dispute the liability, but urged that the claim was exorbitant and excessive and the respondent Nos. 3 and 4 were not entitled to compensation.

( 3 ) THE learned Tribunal found that the death of the deceased was due torash and negligent driving of the driver of the lorry and therefore, the lorry owner as well as the Insurance Company with whom he insured the said lorry, were responsible for giving compensation. The Tribunal found that the deceased was earning about Rs. 1,200/- per month, but was contributing about rs. 300/- per month tq




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