MOHAMMED MUMTAZ Vs. BAKASH KHAN

JUDGEMENT

(1.) THE limited question involved in these appeals is, whether the Tribunal was right in holding that the parked van bearing Regn. No. AP-02/v-1874 was in any way responsible for the accident.

(2.) IN the accident that took place during the intervening night of 6th and 7th December, 1977 between the tempo bearing reg. No. KA- 02/3710 and the mini lorry bearing Reg. No. AP-02/v-1874 three persons who were travelling in the goods tempo had died. When the tempo which, according to the claimants, was being driven in a rash and negligent manner was near the Doorapapeswar factory on Bangalore- Hyderabad road, it dashed against the rear side of the mini lorry which was parked on the tarred portion of the road. The parking lights of the mini lorry were not switched on at the time of the accident. The legal representatives of the deceased filed claim petitions before the Tribunal alleging that the death had occurred due to the composite negligence of both the vehicles. The Tribunal while awarding compensation in each of these petitions fixed the liability to pay compensation only on respondent No. 3, the owner of the tempo bearing reg. No. KA-O2/3710, on the ground that the parked mini lorry was in no way responsible for the accident. The present appeals by the legal representatives of the deceased are directed only against this part of the judgment of the Tribunal. The appeals do not challenge the quantum of compensation awarded in each of these cases.

(3.) I have heard the learned counsel Mr. AK. Bhat for the claimants and Sri. S. Srishaila for respondent No. 2. Sri. A. V. Shatry for respondent No. 3 was not present at the hearing.