GOLI VEERA REDDY Vs. YERAKAREDDY YESU REDDY

JUDGEMENT

(1.) This appeal is preferred by the claimant in O.P. No.208 of 1994 on the file of the Motor Accidents Claims Tribunal-cum-I Additional District Judge, West Godavari at Eluru, dissatisfied with the compensation awarded to him by the Tribunal for the death of his son in an accident that took place on 8.11.1993, allegedly due to the rash and negligent driving of the first respondent while driving scooter belonging to the second respondent, and insured with the third respondent, with the deceased as his pillion rider, and dismissing his claim against the third respondent. First respondent chose to remain ex parte. Second respondent filed a counter denying the allegations in the petition and alleging that the deceased accompanied the first respondent to Chintalapudi and died due to his own negligence and that the compensation claimed is highly excessive. Third respondent filed a counter denying the allegations in the petition and putting the petitioner to proof of all the allegations therein.

(2.) In support of his case, appellant examined himself as P.W.I and another witness as P.W.2 and got marked Exs.A.1 to A.5. No oral or documentary evidence was adduced by the second respondent. Third respondent did not adduce oral evidence but marked Ex.B.l by consent.

(3.) The Tribunal, having held that the accident occurred due to the rash and negligent driving of the first respondent while driving the scooter of the second respondent, awarded Rs.41,000/- as compensation to the appellant against the second respondent, exonerating the third respondent of its liability, on the ground that pillion rider is not covered by Ex.B-1, which is an Act policy. Hence, this appeal by the claimant.