LAWS(APH)-1987-11-70

MD. ABDUL WAHEB Vs. SOCIETY FOR SELF EMPLOYED

Decided On November 16, 1987
Md. Abdul Waheb Appellant
V/S
Society For Self Employed Respondents

JUDGEMENT

(1.) THE question arises in this appeal as to the meaning of the words 'legal representatives' in Section 110-A of the Motor Vehicles Act.

(2.) THE appeal is preferred by the legal representatives of the deceased under the Motor Vehicles Act claiming compensation. The accident occurred on 16-2-1981 when the deceased was crushed under the wheels of the vehicle belonging to the SETWIN. The claim is by the parents, brother and sister of the deceased in a sum of Rs. 50,000/-. The Court below dismissed the petition on the ground that the negligence of the driver of the vehicle was not established. Alternatively, it gave a finding that if the petition were to be allowed, the claimants would be entitled to Rs. 23,000/-.

(3.) POINT No. 1: It is pointed out that the deceased was getting into the bus at the koti junction in Hyderabad city at 8-20 a.m. and that the driver of the vehicle informed the deceased that he should get into the bus from the door on the back side. The case of the appellants is that after the deceased proceeded to get into the door of the vehicle on the back side, (he driver suddenly increased the speed and that therefore, negligence could not be attributed to the deceased.