IFFCO Vs. C. KRISHNAIAH AND OTHERS

JUDGEMENT

(1.) The second respondent in O.P.No.223 of 2008 on the file of the Judge, Family Court-cum-Additional District Judge, Mahabubnagar preferred the present appeal. The petitioners before the trial Court are respondents 1 & 2. The first respondent before the trial Court is respondent No.3. For the purpose of convenience, the parties are referred to as they are arrayed before the trial Court.

(2.) The petitioners laid a claim petition before the trial Court under Sec. 163-A of the Motor Vehicles Act, 1988 claiming compensation at Rs. 2,50,000.00 for the death of their son-Sai Kumar. On 11.05.2008, the deceased, who was about 9 years old, was trying to cross the road near Kothakunta Masamma Temple at about 3 p.m. At that time, the offending auto bearing registration No.AP-22-W-3598 was driven in a rash and negligent manner by its driver. The auto hit the deceased, who was crossing the road, leading to his instantaneous death. Claiming that the deceased was 9 years old and was in the 4th class, compensation at Rs. 2,50,000.00 was claimed.

(3.) The first respondent, who is the owner of the offending vehicle, remained ex parte. The second respondent-insurer (appellant herein) laid written statement contending that the accident was due to the negligence of the deceased himself and in the alternative that there was contributory negligence on the part of the deceased. The second respondent further alleged that the driver of the auto did not hold valid and effective driving licence.