The above appeal is filed by the Insurer

challenging

the

judgment

and

award

dated

27.06.2014 passed in MVC No.212/2011 by the II

Additional MACT and Additional District and Sessions

Judge at Bidar sitting at Bhalki (hereinafter referred to

as the 'Tribunal').

2.

For the sake of convenience, the parties

are referred to by their rank before the Tribunal.

3.

The case of the Claimant is that on

27.12.2010, the deceased being the owner of the lorry

bearing No.AP-29/T-6154 was travelling in the said

lorry driven by its driver in normal speed. At that

time, a Tipper bearing No.MH-12/CH-3315 being

driven in a high speed, in rash and negligent manner,

hit the lorry causing the accident in question, wherein

4

the deceased sustained fatal injuries and died on the

spot.

4.

Claiming compensation for the death of the

deceased, his wife, children and parents filed the

claim petition arraying the owner and Insurer of the

Tipper as Respondents.

The Claimant No.1 was

examined as P.W.1, Claimant No.4 was examined as

P.W.2 and Claimant No.5 was examined as P.W.5 and

Ex.P.1 to P.13 were marked in evidence. The official

of Respondent No.2-Insurer was examined as R.W.1.

However, no documents were mark