MOHD MOHIZUDDIN MINOR Vs. G PITCHAIAH

JUDGEMENT

(1.) The claimant in O.P.No. 224 of 1990 on the file of the Motor Accidents claims Tribunal-cum-Additional District Judge, Nalgonda is the appellant. he filed the O.P. alleging that on 1-12-1989 while he along with his family members and others was proceeding to Janpahad in a Car bearing No. A.A.L. 7086 and reached the outskirts of Narsimhagudem village, a bus bearing No. A.P.P. 4281 belonging to the 1st respondent and insured with the 2nd respondent, being driven in a rash and negligent manner by its driver dashed against the Car in which he and others were proceeding resulting in injuries to him and his family members and so he is entitled to Rs. 75,000/- as compensation from the respondents.

(2.) 1st respondent remained ex parte. 2nd respondent filed its counter putting the petitioner to proof of the allegations in the petition and contending that the driver and the owner of the car in which the appellant was travelling at the time of the accident are also necessary parties to the petition.

(3.) In support of his case, the appellant examined himself as P. W. 1 and marked Exs. A-1 to A-5. No oral evidence was adduced by the 2nd respondent, but Ex. B-1 was marked by consent on its behalf. The Tribunal held that the accident occurred due to the rash and negligent driving of the driver of the bus belonging to the 1st respondent and that the appellant is entitled to Rs. 30,000/- as compensation, and since Ex. B-1 insurance policy shows that the bus of the 1st respondent that caused the accident was insured with the 2nd respondent for the period 26-11-1988 to 25-11-1989 only, and since the accident took place on 1-12-1989 i.e., after the expiry of the period of insurance, holding that 2nd respondent is not liable to pay the compensation payable to the appellant, dismissed the claim against the 2nd respondent and directed the 1st respondent to pay the compensation arrived at. Aggrieved by the dismissal of the claim against the 2nd respondent, this appeal is preferred by the claimant.