KUPPALA SRINIVASA RAO Vs. LINGALA AMRUTHAMMA

JUDGEMENT

(1.) This appeal has arisen out of the award dated 3.4.2003 in O.P. No. 402 of 2001 on the file of the Motor Accidents Claims Tribunal-cum- First Additional District Judge, Khammam filed under section 140 of Motor Vehicles Act (for short 'the Act') by the respondents against the appellant.

(2.) The case of respondents in brief is that on 28.5.1999 when Lingala Janardhan, husband of respondent No. 1 and father of respondent Nos. 2 to 4 (the deceased), was proceeding on the motor cycle bearing No. AP 20-A 9922 belonging to the appellant, the vehicle met with an accident due to rash and negligent driving of the appellant resulting in injuries and consequential death of the deceased and that police registered a case in Crime No. 78 of 1999 under section 304-A, Indian Penal Code, 1860, against the appellant in connection with the said accident and so they are entitled to Rs. 50,000 as compensation under section 140 of the Act.

(3.) The appellant filed his counter denying the averments in the petition and contending that the accident did not occur due to. his rash and negligent driving of the motor cycle. The Claims Tribunal framed three issues for trial and in support of the case of the respondents one witness was examined as PW 1 and Exhs. A-1 to A-5 were marked and in support of his case the appellant examined himself as RW 1 but did not adduce any documentary evidence. The Tribunal held on issue No. 1 which was originally framed as "whether the deceased by name Lingala Janardhan died due to rash and negligent driving of Bajaj Kavasaki motor cycle AP 20-A 9922 by its driver respondent" and recast as "whether the deceased by name Lingala Janardhan died in a motor accident caused by the respondent herein", that the deceased died in motor accident caused by the appellant and consequently held on the other issues that respondents are entitled to Rs. 50,000 as compensation from the appellant.