Andhra HC (Pre-Telangana)
United India Fire And Genl. Ins. Co. Ltd. vs Kalavala Baby Veeraraghavatnma And ... on 15 November, 1991
Equivalent citations: II(1992)ACC529, 1992ACJ343
JUDGMENT G. Radhakrishna Rao, J.
1. This C.M.A. is filed against the judgment and decree in O.P. No. 174 of 1983 dated 3.9.1985 on the file of the District Judge and Motor Accidents Claims Tribunal, Krishna at Machilipatnam.
2. The claim has been made on the ground that the accident took place on account of the rash and negligent act of the driver of the vehicle and that the claimants are entitled for compensation of Rs. 75,000/-. The learned Judge taking into consideration that the deceased was aged about 35 years and that the rash and negligent driving of the driver has been proved and also the potentialities of the person, awarded a sum of Rs. 53,200/- towards compensation. On a perusal of the evidence, the rash and negligent driving is proved. Now, the insurance company alone has filed this appeal stating that the liability ought to have been fixed at Rs. 10,000/- only and the lower court ought not to have been carried away by an impression that the deceased was an agent. In evidence it has been proved that the deceased was travelling as an agent of the owner of the goods in the lorry. The deceased was naturally in the status of owner of the goods and the liability as in the case of owner of the goods alone can be fixed in the case of agent. While fixing liability the lower court followed the decision in United India Insurance Co. Ltd. v. P. Seethamma 1985 ACJ 840 (AP). The view taken by the lower court in fixing the compensation at Rs. 53,200/- is correct. I see no reason to interfere with the order of the lower court. Accordingly, the C.M.A. is dismissed. No