SUKHINDER ANAND Vs. KHAZA VAZIR ALI MINOR

JUDGEMENT

(1.) The first petitioner in O.P.No.613 of 1984 on the file of the Motor Accidents Claims Tribunal (District Judge) Medak at Sangareddy is the appellant herein. She is the wife of late Jagjit Singh Anand (hereinafter referred to as 'deceased'), who died in a motor accident that took place on 21-12-1982 around 8.30 a.m. near Dudheda Village. She filed O.P. No. 613 of 1984 along with her daughter and son, who are respondents 4 and 5 herein, claiming compensation of Rs. 3,50,000.00. For the sake of convenience, the parties herein will be referred to as arrayed in the petition.

(2.) The facts of the case are that on the fateful day, the deceased was travelling in a car bearing number A AX 4001 from Hyderabad to Ramagundam. When it reached Dudheda village, a lorry bearing number ADT 5163, coming in the opposite direction dashed against the car, resulting in instantaneous death of the driver of the car and grievous injuries to the deceased. The deceased, who became unconscious, was shifted to Jaslok Hospital, Bombay, where he died on 11-1-1983.

(3.) Before the Claims Tribunal, the wife and son of the deceased were examined as P.Ws.1 and 2, respectively. Exs. A-l to A-22 were marked through them. The driver of the lorry bearing number ADT 5163 has been examined as R.W.1 and Ex. B-l, a copy of the insurance policy, has been marked by consent. The Claims Tribunal having held that the petitioners would be entitled to a compensation of Rs. 54,000.00 i.e., Rupees 39,000/- towards loss of dependency and Rupees 15,000/- towards loss of consortium, dismissed the petition by judgment dated 30/07/1988 on the ground that the petitioners failed to prove rashness and negligence on the. part of the driver of the lorry. Hence this appeal.