LASMAYYA LASMAYYA BANDARKANTI Vs. RAMESH

JUDGEMENT

(1.) The appellants - original claimants have filed present appeal under Sec. 173 of the Motor Vehicle Act, 1988 (for short "the Act of 1988"), being aggrieved by the judgment and award dtd. 27/7/2009 passed by the Motor Accident Claims Tribunal, Gadchiroli in M.A.C.P. No. 51/2007.

(2.) Respondent no. 1 is the driver of the offending vehicle. Respondent no. 2 - Maharashtra State Road Transport Corporation is the owner. The appellants will be hereinafter referred to as the claimants, respondent no. 1 as the driver and respondent no. 2 as the owner.

(3.) Having heard both sides and having gone through the record placed before me, it appears that accident occurred on 4/3/2007. The Tribunal held that the deceased was 80% responsible for the accident. The evidence of claimant no. 1, the father of deceased indicates that some villagers were demanding money for Holi festival, called 'bojara' from the bus driver. He blamed the driver for rash and negligent driving. He has, however, not witnessed the accident. His evidence on the point of accident is hearsay and, thus, not admissible.