IRUSUMALLA VARALAKSHMI Vs. CHILAKAPATI RAJU

JUDGEMENT

(1.) The case, in brief, of the appellants who are the widow and children of Irusumalla Rama Rao (the deceased) is that the deceased, who was aged about 45 years and was working as a Grade-III Clerk in Food Corporation of India, died in a motor vehicle accident due to the rash and negligent driving of the Tractor and Trailer i.e. ATP 3292 with and ATP 3899 belonging to the second respondent and insured with the third respondent, due to its rash and negligent driving by the first respondent and so they are entitled to compensation of five lakh rupees from the respondents.

(2.) Respondents 1 and 2 filed a common counter contending that the Tractor and Trailer bearing Nos.ATP 3292 and ATP 3899 did not pass through the scene of accident on the date of the accident and since the said Tractor was not involved in the accident resulting in the death of the deceased, they are not liable to pay any compensation to the appellants.

(3.) Third respondent filed a counter admitting insurance of the tractor and trailor said to have been involved in the accident with it and putting the appellants to proof of the allegations in the claim petition.