SYED RIYAZ UDDIN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS appeal is at the instance of the National Insurance Company Limited/third respondent before the Tribunal against the order dated 30.01.1999 passed by the Motor Accident Claims Tribunal-cum- District Judge, Adilabad in O.P.No.417 of 1996.

(2.) I have heard Mrs M.Bhaskara Lakshmi, learned counsel appearing for the insurance company and Sri V.Ravinder Rao, learned counsel appearing for the respondents/claimants.

(3.) THE learned Tribunal below basing on the evidence of PW.2, an eyewitness, considering the documents viz Ex.A.1, copy of the FIR in Cr.No.64 of 1996, Ex.A2 copy of the inquest report, Ex.A.10, certified copy of charge sheet in C.C.No.431 of 1996 and also Ex.A.9, copy of the order in C.C.No.431 of 1996 passed by the Judicial First Class Magistrate, Adilabad which shows that the driver of the offending vehicle was convicted for the offence under Sections 338 and 304-A of IPC decided that the accident was solely on account of the rash and negligent driving of the driver of the lorry bearing No. AP 9 T 1515 and held that its owner/second respondent before the Tribunal and the appellant/National Insurance Company Limited which was the first respondent are jointly and severally liable to pay the compensation to the claimants.