MEDIKONDA NARASAMMA Vs. SHAIK BASHEER AHMED

JUDGEMENT

(1.) This appeal was filed by the claimants in O.P. No. 41 of 1989 on the file of Motor Accidents Claims Tribunal, West Godavari District, Eluru.

(2.) The facts of the case in brief are as follows :On 13-6-1988 at about 11.00 a.m. a lorry bearing No. AHK 2349 was stationed in a narrow lane before the Transport Office, Tanuku. It was stationed precariously and in slanting position. The 1st respondent is the Driver of the lorry. The lorry was loaded with cotton bales and it is stated that they were not tightly fastened. The height of the lorry with load is 14' from the ground level, which is in violation of the Motor Vehicles Rules. When the hamalies climbed the lorry, one of the heavy cotton bales, which was in loose condition, slipped and fell on the deceased, who was standing on the road margin. He sustained a fatal injury and while he was being taken to the hospital, he died on the way. The 2nd respondent is the owner of the Lorry. The 3rd respondent is the Transport Corporation and 4th respondent is the Insurance Company. On account of the death of the deceased, the claimants, who are the wife and children, filed OP before the Tribunal.

(3.) Before the tribunal, Respondents 1 and 2 were set ex parte. The 3rd and 4th respondents filed their counter denying the allegations made in the O.P. The 4th respondent Insurance Company subsequently filed another additional counter-affidavit contending that the policy issued by the Company does not cover the risk of the alleged accident, and therefore the Insurance Company is not liable to pay the compensation. After framing the issues, the tribunal examined the witnesses, and rejected the claim of the claimants on the ground that the accident took place due to wrong handling of the cotton bales by the hamalies and there is no negligence on the part of the driver-1st respondent, and therefore, respondents 1 to 4 are not liable to pay the compensation. Aggrieved by the same, the present Appeal has been filed.