CHANDRAKALA Vs. SAHARA TRAVELS

JUDGEMENT

(1.) The claimants are in appeal under Section 173(1) of the Motor Vehicles Act, 1988, (Hereinafter referred to as 'the Act' for short) aggrieved by dismissal of the claim petition under judgment and award dated 22.06.2016 in MVC No.676/2013 on the file of Senior Civil Judge and MACT, Humnabad.

(2.) Claimants filed claim petition under Section 166 of the Act claiming compensation for the accidental death of one Sri Rajappa in a motor vehicle accident that took place on 19.08.2013 in the early morning at 2.00 a.m. involving Volvo Bus of Sahara Travels bearing Reg. No.AP-13/Y-0952. Claimants are wife, daughter and parents of the deceased. It is stated that the deceased was aged 40 years and earning a sum of Rs.9,000/- per month by doing Tailoring work. It is further stated by the claimants that accident took place due to rash and negligent driving by the driver of the Volvo bus, which was insured with the 2nd respondent-Insurance Company.

(3.) On service of summons respondent No.1 remained absent and was placed ex-parte. Respondent No.2 - Insurance Company appeared and filed statement denying the claim petition averments. Further the insurer denied the accident and accidental death of deceased Rajappa. It is specifically contended that no accident had taken place involving the Volvo Bus in question. They also denied the initial treatment taken by the deceased at General Hospital, Zaheerabad and further treatment at General Hospital, Bidar. The insurer also contended that the driver of the bus was not having valid and effective driving licence as on the date of accident.