JAMPALA SATYANARAYANA Vs. MIRZA AKTHAR BAIG

JUDGEMENT

(1.) The minor child of the appellants herein, aged 4 years, by name Sree Durga, died in an accident on 01.10.1991 by 12.30 noon at Ankola camp, Birkur Mandal, Nizamabad District. It was pleaded that when the child was crossing the road, a Jeep bearing No.AHJ 1208, driven by respondent No.1, owned by respondent No.2 and insured with respondent No.3, dashed against the child, resulting in instantaneous death. The appellants filed O.P.No.259 of 1993 before the Motor Accident Claims Tribunal (Additional District Judge) Nizamabad (for short 'the Tribunal') claiming a sum of Rs.80,000/- as compensation.

(2.) Respondent Nos.1 and 2 remained ex parte and the O.P. was contested by respondent No. 3 alone.

(3.) A counter was filed on behalf of respondent No. 3 denying the facts pleaded in the O.P. However, it was mentioned that the vehicle had a valid insurance coverage and that it would abide by the terms and conditions of the policy.