D SANJEEVA RAO Vs. SAIK SADIQ

JUDGEMENT

(1.) Appellants, who are the husband and children of the Shali Bai (deceased), filed a claim petition under the provisions of the Motor Vehicles Act, 1988, seeking compensation of Rs.4,00,000/-, alleging that when the deceased was proceeding as a pillion rider on a TVS Champ Moped being driven by one D. Renuka, the lorry belonging to the second respondent and insured with the third respondent being driven by the first respondent in a rash and negligent manner dashed the said TVS Champ from behind, resulting in the death of the deceased who was earning Rs.5,000/- p.m. from all sources.

(2.) First respondent chose to remain ex parte.

(3.) Second respondent filed his counter denying the rash and negligent driving on the part of his driver and alleging that the accident occurred due to sudden crossing of the road by the driver of the TVS Champ and alleging contributory negligence on the part of the driver of the TVS Champ.