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V. GOPALA KRISHNA RAO
National Insurance Company Ltd. – Appellant
Versus
Marri Nancharaiah – Respondent
JUDGMENT:
The appellant is 2nd respondent Insurance Company in M.V.O.P.No.5 of 2010, dated 12.11.2010 on the file of the Motor Accidents Claims Tribunal-cum-District Judge at Guntur, and the respondents herein are the petitioners and 1st respondent in the said case.
2. The parties in the appeal will be referred to as they are arrayed in the claim application.
3. The claimants filed a claim petition under Sections 140 and 163-A of the Motor Vehicles Act, for seeking compensation of Rs.2,00,000/- for the death of Bhaskararao, in a Road Accident that occurred on 02.01.2003. at about 02:30 PM.
4. The case of the petitioner is as follows:-
The legal heirs of the deceased Marri Bhaskararao and the 1st petitioner is the father of deceased and 2nd petitioner is the none other than wife of the deceased Bhaskarrao and on 02.01.2003 at about 02:30 PM., while Bhaskrarao and one Thota Jayaramaiah, while attending agricultural work with Tractor bearing No. AP 7 U 2385 on which they were coming, the driver of the tractor drove the same in rash and negligent manner, as such, the tractor fell down near Tobacco barrens of Neerukonda on the road of Kuragallu to Neerukonda, as a result, Bhaskararao and Jay
The principle of 'pay & recovery' should be applied in cases where the insurance company is directed to deposit the compensation amount and recover the same from the owner of the offending vehicle.
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