SURINA DURVASULU Vs. BHAVA NARAYANA MURTHY

JUDGEMENT

(1.) Surina Durvasulu (claimant) filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (the Act), seeking compensation of Rs.1,00,000/- for the death of his wife Latchumamma (the deceased) as a result of the rash and negligent driving of the first respondent while driving the tractor belonging to the second respondent which is insured with the third respondent.

(2.) The claimant died during the pendency of the claim petition. When appellants 2 and 3, who are his parents, wanted to come on record as his legal representatives and prosecute the claim petition, respondents opposed that application on the ground that the cause of action did not survive. Observing that the question whether the cause of action survives or not would be decided at the time of disposal of the claim petition, the Tribunal permitted appellants 2 and 3 to come on record and prosecute the claim proceedings initiated by the claimant.

(3.) Respondents 1 and 2 filed their counter denying the averments in the claim petition and contending that the accident took place only due to the negligence of the deceased. because the driver of the tractor i.e. first respondent was not having a valid driving licence to drive the tractor.