TAMMANINENI ASWARTHU Vs. B FAKRUDDIN

JUDGEMENT

(1.) The unsuccessful claimant in O.P. No.397 of 1998, on the file of the Motor Accidents Claims Tribunal-curn-Additional District Judge, Ananthapur, filed this appeal, under Section 173 of the Motor Vehicles Act (for short "the Act").

(2.) On 25-9-1996, when the son of the appellant herein, by name T. Ramakrishna, was travelling in an auto bearing No.AHT-9148, owned by the 1st respondent and insured with the 2nd respondent, along with two other passengers, for the purpose of going to Gooty, an unidentified lorry came and hit the auto. Due to the hit, the auto fell on the left side of the road. The son of the appellant and two other passengers died, on the spot. Another passenger, by name Nagaraju, is said to have died, during the course of treatment. Crime No.52 of 1996 was registered under Sections 337 and 304-A of I.P.C. The appellant claimed a sum of Rs. 1,50,000/-, as compensation. It was alleged that the deceased was working as a Bill Collector, at a toll gate on N.H.No.7, and that he was earning a sum of Rs.3,000/- per month. The age of the deceased is said to be 24 years.

(3.) The 1st respondent remained ex parte. 2nd respondent alone contested the matter. It was alleged that the appellant was not depending upon the deceased, and that the O.P. was defective, since the driver of the vehicle was not impleaded, and the particulars of the lorry, which hit the auto, are not furnished. It was also pleaded that the driver of the auto did not hold valid driving licence, and the auto was not covered with valid permit for plying as a vehicle for hire. Through its order, dated 21-9-2001, the Tribunal dismissed the O.P., on recording a finding that the driver of the auto was not responsible for the accident.