GOVERNMENT OF ANDHRA PRADESH AND EXCISE OFFICER AND GOVERNMENT OF ANDHRA PRADESH, COLLECTOR Vs. T SRINIVASAN

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the Appellants/Sub Divisional Prohibitions Excise Officer, Tirupathi, Andhra Pradesh and the Collector, Chittur, Andhra Pradesh against the award and decree dated 22.08.2002 made in M.C.O.P. No. 2318 of 1998 on the file of Motor Accident Claims Tribuna, IV Small Causes Court, Chennai, on awarding a compensation of a sum of Rs. 19,500/- together with interest at 9% p.a., from the date of filing the claim petition till the payment of the compensation.

(2.) The short facts of the case are as follows:

(3.) The Government of Andhra Pradesh rep. by Sub Divisional Prohibition Excise Officer Tirupati and the Government of Andhra Pradesh, represented by Collector, Chittur, Andhra Pradesh, the Respondents herein, in their counter have resisted the claim stating that on the date of accident, they were not the owners of the Jeep bearing Registration No. TNA-630. It was stated that on 20.10.1995, at about 04.30 p.m., the first Respondent and his employees had stopped the jeep bearing Registration No. TNA-630, near Govindarajulu temple and conducted a search operation. They found that it carried illicit liquor. Hence, it was seized and the vehicle was handed over to the Assistant Commissioner, Prohibition and Investigation Wing at Anantapur. Subsequently, it had been handed over to the Sub-Inspector on 27.10.1995 for safe custody and it had remained in his possession so far. It was further stated that the vehicle after being seized was not in use till date. The vehicle is not in a road-worthy condition. The Respondent has denied that on 08.01.1997, the jeep was driven by B. Rajasekara Rao in a rash and negligent manner. It was also stated that the Petitioner should prove the claim regarding his age, monthly income, nature of injuries.