KHAIRULLAH Vs. ANITA

JUDGEMENT

(1.) This is an appeal preferred by the appellants, who are respondents 1 and 2 (Driver and Owner of the lorry respectively) challenging the judgment dated 30th January 1989 in O.P. No.571 of 1987 on the file of the Motor Accidents Claims Tribunal, Rangareddy District at Saroornagar.

(2.) On 26-8-1987 at about 2-45 p.m. while the deceased was returning on his scooter from Patancheru to Kukatpalli, and reached Madinaguda Darga he met with an accident on account of the lorry ABT 8718 proceeding from Hyderabad in the opposite direction which was driven by the 1st respondent-driver in a rash and negligent manner. The lorry dashed against the scooter of the deceased and he received multiple injuries and while he was taking medical treatment in Hyderabad Nursing Home, he succumbed to the injuries on 19-9-1987.

(3.) The petitioners-claimants have examined P.W.2 Narayana Singh, the Head Constable attached to Lingampalli P.S. who is stated to be a direct witness to the accident. According to him, on the date of accident at about 2.45 p.m. the accident took place. He stated that he was returning from Lingampalli on his cycle, that the scooter came from behind him and opposite to them from Hyderabad the offending lorry came at good speed. According to him, the lorry was coming on the middle of the road and came towards the scooterist and knocked him down. He deposed that there was no rain or drizzle at that time. According to the driver, at the time of the accident there was rain and the deceased who was driving the scooter tried to wear water-proof coat holding the handle of the scooter in one hand and in that process he lost control over the scooter and due to confusion came and dashed the lorry. When P.W.2 has stated that there was no rain at the time of accident, the taking out of rain coat by the deceased does not arise and this is invented to throw the blame on the deceased. The lower tribunal, who has got the advantage of observing the demeanour of the witness, observed that the evidence of P.W.2 is really picturesque and graphic in all its meticulous details. In addition to the oral evidence of P.W.1, Exs.A-1 to A-10 documents are also marked. Ex.A-1 is the certified copy of the F.I.R. which was registered on the basis of the report given by P.W.2. The contents of Ex.A-1 are corroborated by the evidence of P.W.2. Ex.A-3 the report given by the Motor vehicles Inspector also shows that the accident was not caused due to any mechanical defects of the lorry. Ex.A-10 is the in-patient discharge ticket of Hyderabad Nursing Home which shows that suddenly due to cardio respiratory failure the deceased died which is a conseuqence to head injury.