SHAIK RAHMAN SAHAB Vs. AMARBIN JAFFER

JUDGEMENT

(1.) The claimants in O.P. No.915 of 1990 on the file of the Motor Accidents Claims Tribunal, Nalgonda filed this appeal aggrieved by the compensation awarded for the death of one Mohammad Jamal alias Shaik Bikkan Sab son of Shaik Rahman Saheb who died in a road accident that has taken place on 28-1-1990.

(2.) The facts of the case are that one Md. Jamal son of the first claimant was working as a driver of Jeep APY 4844 and was getting a monthly salary of Rs.1,000/- apart from batta at the rate of Rs.10-00 per day. On the fateful day while he was driving the Jeep and proceeding from Narasimhulagudem to Suryapet at about 7-30 p.m. a tourist bus bearing No.ATT 1797 came in the opposite direction with rash and negligent manner and hit the jeep. As a result the driver of the jeep died on the spot. While others travelling in the jeep received injuries. The dependants of the deceased filed this application claiming compensation of Rs.1,00,000/-. The claim was contested by the respondents that the accident occurred due to the rash and negligent driving of the jeep driver and as such they are not liable to pay any compensation. On the basis of the above pleadings, the Tribunal framed the following issues for consideration.

(3.) On the basis of the pleadings available on record and the evidence adduced on behalf of the parties the Tribunal recorded a finding that the accident took place due to contributory negligence of the driver of the bus and jeep in equal proportion. These findings has become final since the respondents did not prefer any appeal.