K RAMALINGAM Vs. G KALAVATI

JUDGEMENT

(1.) Within the gamut of the controversies in this case, the questions involved for determination are:

(2.) This appeal and the Cross-objections are the result of the award passed by the Motor Accidents Claims Tribunal, Krishna at Machilipatnam in O.P. No. 149 of 1982 dated 2-6-1984 whereby the claim of the respondents 1 and 2 in this appeal for a sum of Rs. 75,000.00 was conceded only to the extent of Rs. 36,500/- putting the liability to satisfy the award only as against the appellant/owner of the vehicle and whereby the 3rd respondent insurance company was absolved of the liability to satisfy the award.

(3.) The admitted and proved facts briefly stated are thes"e:- The deceased G. Rangaiah is the husband of claimant' No. 1 and the father of claimant No. 2. He was working as a cleaner in the lorry bearing No. AAK 8706. The vehicle was left for repairs in the shop of one Devala Singh in Autonagar, Vijatyawada. While the lorry was being driven by the mechanic Satluri Venkateswara Rao, the accident occurred whereby the rear portion of the bus dashed against the deceased who sustained fatal injuries and died. The claim was resisted by the contesting respondents on various grounds. The allegation of negligence against the driver was challenged, the material particulars for claim were denied and the liability of the insurance company was challenged on the ground that the vehicle was being driven by a person holding no driving licence whereby the owner of the vehicle had violated the terms of' the insurance policy. After an enquiry the Tribunal held the accident as due to the rash and negligent driving of the vehicle by its driver at the relevant time, assessed the compensation at Rs. 36,500/- as a whole following a ruling of this Court in P. Somarajyam vs. APSRTC.____________________________