K SANKARAMMA Vs. VENKATESWARA ENGINEERING AND CONSTRUCTION LTD

JUDGEMENT

(1.) The claimants filed this civil miscellaneous appeal against the order and decree dated 6.7.1994 in O.P. No. 286 of 1993 on the file of the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Kurnool. The appellant No. 1 is the mother and the appellant No. 2 is the brother of the deceased Vykunta Narayana.

(2.) The appellants filed the petition before the Tribunal below stating that the deceased Vykunta Narayana died in the lorry accident on 31.3.1993 at about 2.30 p.m. on R. Konthalapadu-Sunkesula Road while he was going on his cycle, due to rash and negligent driving of the driver of the lorry bearing No. AIH 5797 belonging to the respondent No. 1 and insured with the respondent No. 2 herein.

(3.) The Tribunal below after considering the oral and documentary evidence on record held that the appellants-claimants have failed to establish that the accident occurred due to rash and negligent driving of the lorry bearing No. AIH 5797 by its driver and, therefore, awarded only an amount of Rs. 25,000 towards compensa tion under 'no fault liability'. The Tribunal below further held that the appellant No. 1 claimant who is the mother of the deceased is alone entitled for the said compensation amount and that the appellant-claimant No. 2 who is neither class-I legal heir nor dependent upon the deceased is not entitled for any compensation.