K V RAGHAVAMMA Vs. S RAGHAVARAJU

JUDGEMENT

(1.) This Letters Patent Appeal is filed against the judgment of a learned single Judge in A.A.O.No. 1045 of 1984, dismissing it by order dated 30-11-1988 confirming the judgment of the Motor Vehicles Accidents Claims Tribunal (I Additional District Judge, Guntur) in Original Petition No. 482 of 1982, dated 19-3-1984.

(2.) The claimant, appellants herein, are the parents of the deceased boy-aged 17 years who died in an accident on 22-5-1982 at about 8.00 pm. While the deceased was going on cycle, the lorry APK 2045 proceeding from Koliipara to Tenali, owned by respondent No. 1, dashed against the cycle at Nandivelugu village on Guntur - Koliipara road and the deceased fell down and died instantaneously . The appellants herein filed claim petition alleging that the death of the boy was due to rash and negligent driving of the vehicle by respondent No. 2 - driver. Respondent No. 3 - Insurance Company with which the vehicle was insured contested the claim petition. Respondent Nos.l and 3 took the plea that the vehicle had dashed against a poll and the death of the deceased was not due to the rash and negligent driving of the vehicle by respondent No. 2.

(3.) The Tribunal on an appreciation of the oral and documentary evidence held that rash and negligent driving by respondent No. 2 has not been proved and dismissed the claim. In the appeal before the High Court, a learned single Judge of this Court considered only the evidence of P.W.3 and rejected it as being not trustworthy. The learned Judge held that there is no word in the evidence that the deceased fell under the wheels of the vehicle and that any part of the vehicle ran over him; obviously, P.W3 is a set-up witness.