DADI KOMURAVVA Vs. GARSHE BUCHAIAH

JUDGEMENT

(1.) The claimants before the Motor Accidents Claims Tribunal (I Additional District Judge), at Karimnagar, challenging the dismissal order, dated 21.02.2003, passed in OP No. 361 of 1998, filed this appeal.

(2.) The parties hereinafter will be referred to as they are arrayed before the Tribunal for the sake of convenience.

(3.) The first claimant is the wife of late Dadi Odelu and the second claimant is their daughter and the third claimant is the adoptive father of late Dadi Odelu. On 23.02.1995 at about 11.30 AM the deceased and others were proceeding in an Auto bearing No. ABT 9291 being driven by one Md. Sadiq, the third respondent in the claim petition. When the said auto reached Mangalampalli bus stage, the Van bearing No.AP-9T-5724 being driven by the first respondent in a rash and negligent manner came from opposite direction and hit the auto. As a result of which, the deceased sustained multiple injuries and he was shifted to Singareni Hospital, wherein it was declared that he was brought dead. The driver of the auto and other passengers also sustained injuries. Alleging that the accident occurred due to negligence of the first respondent i.e., van driver the claimants claimed compensation against respondents 1 and 2.