KUNTA RAJITHA Vs. M. JAYAPAL REDDY

JUDGEMENT

(1.) The appellants filed O.P.No.956 of 2000 before the Chairman, Motor Vehicle Accidents Claims Tribunal (District Judge), Warangal (for short 'the Tribunal') claiming a sum of Rs.5,00,000/- as compensation on account of the death of Kunta Venkanna, husband of appellant No.1, son of appellant Nos.2 and 3 and brother of appellant Nos.4, 5 and 6. It was stated that Venkanna was working as an Advocate Clerk at Warangal and that on 30.07.2000, himself and another Clerk, by name Bommera Raju (P.W. 1) were coming from Wardhannapet to Warangal and that when they reached Panthini Village, a Jeep bearing No.AP12 T 1700, owned by respondent No. 1 and insured with respondent No.2, dashed against the Scooter, resulting in death of Venkanna and injuries to Bommera Raju. It was pleaded that the accident occurred on account of rash and negligent driving on the part of the driver of the Jeep. The deceased was said to be aged 25 years and that his income was Rs.4,000/- per month.

(2.) Respondent No.1 remained ex parte. The O.P. was contested by respondent No.2. A counter was filed putting the appellants herein to strict proof of the facts pleaded by them. It was also pleaded that there is a possibility of the deceased himself being guilty of negligence. The averments as to income, age and loss of dependency were also disputed.

(3.) The Tribunal dismissed the O.P. through order, dated 29.11.2003, holding that the involvement of the Jeep in the accident was not proved. Hence this appeal.