NAGULA TULASAMMA Vs. GOLANGI BHOOPATHI

JUDGEMENT

(1.) These two appeals are directed against the common award dated 12.11.2003 passed by the Motor Accident Claims Tribunal-cum-I Additional District Judge, Srikakulam in M.V.O.P. Nos. 511 of 1998 and 532 of 1998 respectively, which arise out of the same accident that occurred on 22.05.1996 at about 5.30 a.m. near Korlam village on N.H.5 road in Srikakulam District.

(2.) Petitioners in O.P. No. 511 of 1998 are the parents of one Nagula Simhachalam Behara and their case is that on 22.05.1996, their son engaged the 2nd respondent's van bearing registration No. AP16/W 1155 at Tekkali to transport his ropes and coir fibre articles to Kanchili and boarded into the van along with his goods and paid Rs. 10/- towards hire charges to its driver i.e. 1st respondent and he being the custodian of the said goods was travelling in the said van to go to Kanchili. When the said van reached near Korlam junction on N.H.5 road at about 5.30 a.m., the 1st respondent drove the vehicle in a rash and negligent manner and without observing traffic rules and without blowing horn and with great speed, dashed the van against one stationed lorry bearing registration No. AP5/X 1197, as a result their son and some other passengers, who were travelling in the van, sustained multiple grievous injuries. Immediately after the accident, their son along with others were admitted in Government Hospital, Sompeta where he succumbed to the injuries at about 1.10 p.m. on the same day.

(3.) The petitioners in O.P. No. 532 of 1998 are the parents of one Rajani Panigrahi, who used to work as cleaner of the van bearing registration No. AP16/W-1155. On 21.05.1996 night, the said Rajani Panigrahi as usual boarded the said van to discharge his duties as cleaner and to distribute the daily newspaper at various stations from Visakhapatnam to Ichapuram and he was travelling in the said van. When the said vehicle reached near Korlam village on N.H.5 road at about 5.30 a.m. on 22.05.1996, the 1st respondent, who was the driver of the van, drove the vehicle in a rash and negligent manner and with great speed by overtaking all the vehicles proceeding ahead of the van and dashed against a stationed lorry bearing No. AP5/X 1197, as a result Rajani Panigrahi sustained multiple grievous injuries and died on the spot. The Station House Officer, Baruva P.S. registered the same as a case in Crime No. 58 of 1996.