G SARAMMA Vs. MOHAMMAD JABBAR SHARIF

JUDGEMENT

(1.) Claimants in O.P. No.403/89 on the file of the Motor Accidents Claims Tribunal-cum-1 Addl. District Judge, Guntur, preferred this appeal.

(2.) Anjaiah and K. Krishnaiah were returning as fare paid passengers from Sattenapalli after selling chilly seeds on 26-9-89 by lorry AAT 4666 which was coming with a load of 'napa' slabs from Macherla to Guntur. There were also others travelling by the same lorry. The lorry met with an accident due to rash and negligent driving by its driver resulting in the death of Anjaiah and K. Krishnaiah on the spot. Wife, child and parents of the deceased preferred the above O.P. claiming a total compensation of Rs.1,00,000/- from the owner and insurer of the lorry involved in the accident. The claim was resisted by the respondents. The Tribunal, after due enquiry, awarded a total compensation of Rs.55,000/- against the owner of the vehicle and dismissed the petition as against the insurer finding that the deceased travelled in the vehicle as fare paid passenger only. Aggrieved by the said finding and consequent order dismissing the claim as against the insurer, claimants preferred this appeal.

(3.) Sri D V. Reddy, learned Counsel for the appellants submits that the tribunal erred in holding that the evidence to the effect that the deceased accompanied his goods in the lorry cannot be accepted in the absence of plea made in the claim petition and he further submits that the evidence of P.VVs.l and 2 is sufficient to establish that the deceased accompanied his goods of four bags of fertilisers in the lorry at the time of the accident and consequently the insurer is bound to indemnify the liability of the owner to pay the compensation to the claimants.