S. SEETHARAMAMMA Vs. KOBAGAPU KRISHNAVENI

JUDGEMENT

(1.) THE respondent No. 2 in O.P. No. 20/1987 on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Judge) Srikakulam is the appellant herein.

(2.) THIS appeal has been filed by the wife of the owner of the vehicle on the ground that the amount that has been granted is highly excessive and also on the ground that in view of the distribution that has been made to the major sons, it has to be reduced. This appeal is filed against the award of the Tribunal to pay Rs. 45,000/- by the owner. The deceased was travelling as a passenger. As per the statutory liability, the liability is on the owner of the bus and the Insurance Company. The liability of the Insurance Company is fixed at Rs. 15,000/- and the remaining liability has been fixed on the owner of the vehicle. The owner being aggrieved by the award of Rs. 45,000/- filed this appeal. In regard to the rash and negligent Act of the driver of the vehicle, we are having the evidence of the P.W. 2 who is the direct witness. On behalf of the respondents also one witness was examined. On perusing the evidence and the report of the conductor that has been given, the lower court has rightly discarded the evidence of R.W. 1 as it is not consistent with the earlier version. If R.W. 1 has been discarded, the only evidence that is available is P.W. 2. P.W.2 has graphically described about the accident and his evidence clearly discloses that it is a case of rash and negligent act of the driver of the vehicle. The finding is confirmed.

(3.) IN the result the appeal is dismissed. No Costs.