V GANGAMMA Vs. NEW INDIA ASSURANCE CO

JUDGEMENT

(1.) Appellants are the dependents of the three deceased - V. Guravaiah, Venkataswamy and Narayana. They preferred claims before the Motor Accidents Claims Tribunal-cum-First Additional District Judge, Cuddapah. It was their case before the Tribunal that the three deceased along with other coolies were travelling in the lorry belonging to the first respondent and that the lorry met with an accident due to the rash and negligent driving by the driver and the three deceased died and the others received injuries as a result thereof. Separate claims were preferred by the persons who received the injuries. In these three appeals, we are concerned with the claims in O.P.Nos.49,51 and 53/87.

(2.) The Tribunal, accepting the evidence of the direct witness (P.W.2) found that the accident was due to the rash and negligent driving of the vehicle and awarded compensation to the claimants against the first respondent only and dismissed against the 2nd respondent viz., the Insurance Company. These appeals are filed by the claimants challenging the order of the Tribunal dismissing the claims against the Insurance Company.

(3.) The only point for consideration in these appeals is whether the Insurance company - the respondent herein is liable to pay the compensation amount.