VADDI RAGHVA Vs. NEKKELLA SURYA RAO

JUDGEMENT

(1.) The unsuccessful claimants are the appellants. They filed the claim petition for compensation of Rs.2,00,000/- for the death of late Vaddi Suryanarayana on account of the rash and negligent driving of the driver of the bus bearing No.AP 5 T 3355 and in view of the death of the deceased, the claimants who are the wife and son, suffered mentally and financially.

(2.) For the default on the part of the claimants in paying the necessary batta, the claim was dismissed as against respondents 1 and 2 who had not been served. That order was set-aside subsequently on an application filed by the claimants and again for the default of the claimants in having not taken steps as against respondents 1 and 2, their claim was dismissed as against respondents 1 and 2.

(3.) Enquiry had been conducted in the claim petition as against the insurer alone and at the culmination of the said enquiry, the Court below having been of the view that in the absence of the owner, the insurer cannot be made liable, inasmuch as the liability of the insurer is only to indemnify the owner and since the claim was dismissed as against the owner and driver, the claim cannot be decreed as against the insurer and ultimately dismissed the claim petition. The claimants are now assailing the same.