PINNINTI SANYASI Vs. CHEEKATI SREERAMULU

JUDGEMENT

(1.) Appellants, who are the parents of Pinninti Satyanarayana (the deceased) who died due to the first respondent's rash and negligent driving of the lorry belonging to the second respondent and insured with the third respondent, filed a claim petition seeking compensation of Rs. one lakh from the respondent, and examined the first appellant as P.W. 1 and marked Exs. A-1 to A-4. First respondent chose to remain ex parte. Respondents 2 and 3 contested the claim petition. Third respondent examined R.W. 1 and marked Ex. B-1. The Tribunal having held that the accident occurred due to the rash and, negligent driving of the first respondent, awarded Rs. 70,000/- as compensation to the appellants against respondents 1 and 2 only and exonerated the third respondent from its liability on the ground that the deceased was travelling as a passenger in a goods vehicle. Aggrieved by the Tribunal exonerating the third respondent from its liability, the claimants filed this appeal.

(2.) The point for consideration is, whether the third respondent is liable to pay the compensation payable to the appellants?

(3.) Point:- The contention of the learned Counsel for appellants is that since the deceased was travelling in the lorry with his goods, the Tribunal was in error in exonerating the third respondent from its liability.