D VASHEEDA Vs. V BABAKKA

JUDGEMENT

(1.) DIS-satisfied with the quantum of compensation granted in O.P.No.265 of 1998 on the file of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Anantapur, (for short, 'the Tribunal'), the claimants 1 to 3 have filed this Civil Miscellaneous Appeal.

(2.) FACTS in brief are: The appellants 1 to 3 herein are the claimants 1 to 3 in O.P.No.265 of 1998. They are widow and children of Dudekula Babu. On 02.12.1997 at about 12.15 P.M., Dudekula Babu, his brother-in-law PW.2 Chand Basha and one Rajagopal were going on a motorcycle and on reaching Melapuram Praja Parishad Crossing, Hindupur, a lorry bearing No. APA 5805 came in high speed and dashed the motorcycle from behind. As a result, Dudekula Babu received head injury. He was admitted in Hindupur Government Hospital for treatment, where he succumbed to the injuries at about 1.55 P.M. on that day. According to the appellants/claimants, the accident occurred due to the rash and negligent driving of the driver of the lorry. They filed O.P.No.265 of 1998 claiming compensation of Rs.2,00,000/- for the death of Dudekula Babu as compensation. They sought the compensation from the owner and the insurer of the crime vehicle. The insurer resisted the claim of the appellants/claimants by filing counter. The insurer took the plea that the accident took place due to negligent driving of the rider of the motorcycle and that the compensation claimed by the appellants/claimants is excessive. The Tribunal framed the following issues for trial:

(3.) LEARNED counsel appearing for the 2nd respondent/insurer submits that the deceased and two others were travelling on a motorcycle and it was contrary to the provisions of the Motor Vehicles Act, 1988, and therefore, the learned Tribunal was justified in making the rider of the motorcycle also responsible for occurrence of the accident.