RAMESH CHAND Vs. POLLAGONI VENKANNA

JUDGEMENT

(1.) C.P.Sarathy, learned Senior Counsel, representing Smt. C. Jayashree Sarathy, learned Counsel appearing for the appellant, and Sri P.Harinatha Gupta, learned Standing Counsel appearing for respondent No.3-The Oriental Insurance Company Limited, Hyderabad, in both the Civil Miscellaneous Appeals.

(2.) Since both the Civil Miscellaneous Appeals are inter-related and the accident being one and the same, they are being heard and disposed of by this common judgment.

(3.) Aggrieved by the order and decree, dated 31-07-1999, passed by the Motor Accidents Claims Tribunal-cum-l Additional District judge, Nalgonda (for brevity "the Tribunal No.1")allowingO.P.No.250 of 1995, filed under Section 166 of the Motor Vehicles Act, 1988 (for brevity "the M.V. Act"), and awarding a sum of Rs. 1,00,000/- towards compensation to the petitioners therein, with proportionate costs and interest at the rate of 12 (twelve) per cent per annum from the date of the petition till the date of realisation, for the death of one Pollagoni Laxmi @ Laxmamma (for brevity "the deceased No.1"), in a motor vehicle accident that occurred on 18-10-1994, due to rash and negligent driving on the part of the driver of Car bearing registration No. AAM-889, fastening the liability only against respondent No. 1 therein-owner of the said Car and exonerating the respondent No.2 therein-The Oriental Insurance Company Limited from its liability, the owner/insured of the said Car has preferred the appeal C.M.A.No. 2638 of 1999.