LOTTALA BANGARAMMA Vs. M ANDHRA BOSU

JUDGEMENT

(1.) This appeal is filed by the claimants in O.P.488/95 on the file of the Motor Accidents Claims Tribunal, Vizianagaram, questioning the award dated 26-7-1996 by which the claim petition was dismissed on the ground of limitation.

(2.) The appellants are the claimants, before the lower Tribunal. They are the parents of the deceased girl aged about 8 years. On 25-11-1987 the deceased girl was going on a cycle and the lorry bearing registration No. APP 6341 which was driven by the 1st respondent in a rash and negligent manner dashed against the cycle and as a result of the same the deceased received serious injuries and died. The 2nd respondent is the owner of the said lorry and it was insured with the 3rd respondent Insurance Company by the date of the accident. 'As such, the petition was filed by the two claimants who are the parents of the deceased seeking a total compensation of Rs.65,000.00from all the respondents.

(3.) On the basis of the evidence placed before it, the lower Tribunal came to the conclusion that the accident in which the deceased died was caused on account of the rash and negligent driving of the lorry by its driver and, therefore, the claimants are entitled to claim compensation. The Tribunal also arrived at the conclusion that the claimants will be entitled for a total compensation of Rs.37,500.00, but, the claim petition was dismissed on the ground that the accident took place on 25-11-1987 and the claim petition was filed on 15-3-1990 and as such the petition was barred by limitation as per the law existing on the date of accident. The respondents have not questioned the award on any of the findings given by the lower Tribunal and they have also not filed any cross-objections in the present appeal which is filed by the claimants questioning the dismissal of the claim petition on the ground of limitation.