DAVALA SESHA MAHALAKSHMI Vs. ABDULA SALAM

JUDGEMENT

(1.) Aggrieved by the order dtd. 21/3/2011 in M.V.O.P.No.591/ 2007 passed by the learned Motor Accidents Claims Tribunal-cumPrincipal District Judge, West Godavari, Eluru dismissing the O.P., the claimants filed the instant appeal.

(2.) The claimants are the wife, children and parents of the deceased D.Kesava Rao. Their case is that the deceased was working as an Engineer in ITC company and getting monthly salary of Rs.34,875.00 and he was offered a post of Assistant General Manager in Delta Paper Mills, Vendra at West Godavari. While so, on 17/12/2006, when the deceased was driving his Maruhti zen car bearing registration No.AP 28BD 9629 from Hyderabad to Vendra along with other inmates and when the Car reached Patangi village on NH road, he found a Navata Transport lorry bearing registration No.AP-7T-4869 was proceeding in front of him and the deceased gave signals and horn to the said vehicle in order to overtake the said vehicle and the driver of the said vehicle had first slowed down the vehicle and when the deceased was overtaking the said Navata Transport lorry, in the meanwhile, the driver of the said lorry suddenly raised his speed and drove the lorry in a rash and negligent manner and hit the rear side bumper of the Maruthi zen car. As a result the deceased lost control over the car and hit the backside of the stationed lorry bearing registration No.AP-29U-1134. Thereby the Maruthi zen car was totally damaged and the deceased received fatal injuries and died instantaneously. The occupants of the Maruthi zen car also received injuries. On these pleas, the claimants filed M.V.O.P.No.591/2007 against the respondents 1 to 3 and 6, who are the driver, owner, Manager and insurer of the Navata Transport lorry bearing No.AP-7T-4869 and also against the respondents 4 and 5 who are the driver and owner of the stationed lorry bearing registration No. AP-29U-1134. The respondent No.6 is the insurer for the said lorry also. The claimants claimed Rs.30,65,000.00 as compensation. The respondents 1 to 5 remained ex parte and the 6th respondent / Insurance Company contested the O.P. on the main ground that the deceased himself was responsible for the accident but not the drivers of both the lorries.

(3.) Heard Sri Posani Venkateswarlu, Senior Counsel representing Sri B.Yuvraj, learned counsel for the appellants / claimants and Sri P.Suri Babu, Standing Counsel for 6th respondent-Insurance Company.