MANDA VEERESHAM Vs. MD. AHMED

JUDGEMENT

(1.) THE claimants, who are the grand -parents of the deceased girl, namely, T. Sravanthi, aged about 16 years, aggrieved by the dismissal of the claim petition against the insurer, and owner, and granting compensation of Rs.52,000/ - out of the claim of Rs.3,00,000/ - only against the 1st respondent driver of the lorry bearing registration No.AEO 2345 with interest at 6% per annum, by award dated 14.08.2006 passed by the learned Chairman of the Motor Accident Claims Tribunal -cum -IV Additional District & Sessions Judge at Karimnagar (for short, the Tribunal) in O.P.No.835 of 2005 , preferred the appeal with contentions in the grounds of appeal that the Tribunal grossly erred in dismissing the claim against the insurer and the owner, despite the policy covered the risk, and that the Tribunal, after setting the driver and owner of the vehicle ex parte, ought to have fastened the liability on them and hence to allow the appeal by fixing joint liability for the claim prayed for.

(2.) HEARD the learned counsel for the appellants/claimants and the learned counsel for the 3rd respondent/Insurer. Perused the material on record. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

(3.) ON 08.04.2005 at 8.00 a.m. the grand -daughter of the claimants boarded an auto along with other passengers to go to Huzurabad and from there to Mulkanoor in connection with Chekkarakundukala festival and when the auto reached near Ayyappa Swamy Temple, Jammikunta, a lorry bearing registration No.AEO 2345 came in opposite direction and dashed the auto. As a result of which, the girl died. The grand -parents of the deceased girl laid for compensation of Rs.3,00,000/ - and the Tribunal awarded only Rs.52,000/ - only against the 1st respondent driver of the offending vehicle. Impugning the said quantum as utterly low, they preferred the appeal.