HONOURABLE SMT. JUSTICE TIRUMALA DEVI EADA

JUDGMENT:

This appeal is filed by the Insurance Company aggrieved by the Order and Decree dated 03.03.2020 in M.V.O.P.No.562 of 2016 passed by the Chairman, Motor Accident Claims Tribunal-cum-I Additional Chief Judge, City Civil Court, Secunderabad (for short “the Tribunal”).

2. For convenience and clarity, the parties herein are referred to as they were arrayed before the Tribunal.

3. The case of the claim petitioners before the Tribunal was that on 24.08.2016 at 11:00 a.m., while the deceased was going on his motor bike from Cherlapally towards Nacharam and when he reached near IDA Nacharam Petrol Bunk, and was waiting for his friend, who went to fill the petrol, suddenly lorry tanker bearing No.AP-29-V-1444 came in a rash and negligent manner and dashed the motor bike of the deceased from behind and ran over him, due to which he died on the spot.

4. The respondent Nos.1 and 2 remained ex-parte.

5. The respondent No.3-Insurance Company has filed counter denying the averments of the petition with regard to the occurrence of the accident, age, avocation and income of the deceased. They further contended that the driver of the lorry tanker was