JANKE MALLAREDDY Vs. SHAIK ABDUL KHADER

JUDGEMENT

(1.) The claimants who are the father, wife and the mother of one Janaki Seshi Reddy who died in a road accident that took place on 30-4-2001 preferred the present appeal aggrieved by the award dt. 8-12-2003 passed by the Motor Accidents Claims Tribunal-cum-District Judge, Ongole in OP No. 479/2002. An application under Section 166 of the Motor Vehicles Act, 1988 (for short "the Act") was filed by the appellants herein claiming compensation of Rs. 4.00 lakhs against the respondents 1 and 2 in OP i.e., the owner and insurer of the offending vehicle.

(2.) The facts in issue are as under: On 30-4-2001 at about 8 PM the deceased was travelling in a lorry bearing No. APJ 3766 with a load of oranges in order to sell them in a fruit market at Hyderabad. When the lorry reached the outskirts of Peddavoor, a village in Nalgonda District, the driver of the vehicle drove it in a rash and negligent manner and dashed against a neem tree, situated on the left side of the road. Due to the said accident, the deceased sustained multiple grievous crush injuries and died on the spot. The cleaner also sustained injuries.

(3.) The first respondent who is the owner of the vehicle remained ex parte.