BONDUGULA SAMYUKTHA DEVI Vs. T SREEDHAR REDDY

JUDGEMENT

(1.) Appellant who filed a claim petition seeking compensation of Rs.3,00,000/- for the death of her eldest son in an accident that occurred due to rash and negligent driving of first respondent while driving the Jeep bearing No.APQ-4365 belonging to second respondent and insured with third respondent, examined herself as P.W.1 and two other witnesses and marked Exhibits A-1 to A-21 in support of her case. First respondent, who filed a counter alleging that the deceased, but not he that was driving the jeep at the time of accident, examined himself as R.W.2 and his wife as R.W.3 but did not adduce any documentary evidence on his behalf. Second respondent, the owner of Jeep involved in the accident and who is the husband of the appellant and who supported the case of appellant, examined himself as R.W.1 and marked exhibits B-1 to B-9. Third respondent who filed a counter putting appellant to proof of the allegations in the claim petition, did not adduce evidence either oral or documentary.

(2.) On the basis of the evidence on record, the Tribunal having held that first respondent while driving the jeep in a rash and negligent manner caused the accident resulting in the death of the son of the appellant, passed an award for Rs.3,00,000/-, as claimed by the appellant, only against respondents 2 and 3 jointly and severally, but did not say anything about the liability of first respondent. So claimant filed this C.M.A. with a prayer to pass an award against first respondent also.

(3.) Heard the learned counsel for appellant. There is no representation on behalf of first respondent, though he put in appearance through a counsel.