M.SATYANARAYANA MURTHY
United India Insurance Co. Ltd. – Appellant
Versus
P. Vahida – Respondent
JUDGMENT :
M. Satyanarayana Murthy, J.
1. The 2nd respondent/insurance company in MVOP No. 230 of 2013 preferred this appeal under Section 173 of the Motor Vehicles Act, 1960 challenging the Award dated 25.10.2017 passed by the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Kurnool mainly on the ground that the deceased P. Md. Subbatullah, the husband of the 1st respondent/claimant is unauthorized passenger in the lorry, the appellant is not liable to pay the compensation.
2. The appellant is the insurance company, respondents 1 to 4 are claimants, and the 5th respondent is the driver of the lorry.
3. The claimants filed petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 5,00,000/-, but restricted to Rs. 2,00,000/- for the death of P. Md. Subbatullah in a motor accident that occurred on 11.1.2010 at about 12.30 p.m. on N.H. 18, Thimmarjupalli Ghat within the limits of Orwakal Police Station.
4. It is the specific case of the claimants that the deceased P. Md. Subbatullah, the husband of the 1st respondent and father of respondents 2 to 4 was a mechanic and pesh imam earning Rs. 10,000/- per month. On 11.1.2010, the Subbatullah a
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