SMT. M. SABITHA AND OTHERS Vs. BRAHMA SWAMULU

JUDGEMENT

(1.) This appeal is filed, impugning the judgment of XIII Additional Chief Judge (FTC), City Civil Court, Hyderabad in OP. No. 1809 of 2010 dated 26.02.2015 by virtue of which the tribunal below awarded only Rs. 50,000/- under Section 140 of the Motor Vehicles Act, while dismissing the other claims of the claimants.

(2.) The facts of the case, briefly, are as follows:

(3.) The tribunal below dismissed the claim considering that the accident occurred due to the sole negligence of the deceased. The appeal is filed on the grounds that the tribunal below wrongly held that the accident occurred due to the rash and negligent driving of the deceased, without appreciating the evidence of P.W.2 properly, who is an independent and impartial witness and without there being any rebuttal evidence by respondent No. 2. The tribunal below failed to appreciate that the appellants have proved that the accident occurred due to the rash and negligent driving of the lorry, by placing the evidence of P.W.2. The tribunal below failed to appreciate that respondent No. 2 failed to prove Exs.B2 to B6 and no one was examined to prove the same. The tribunal below failed to appreciate the report of Motor Vehicles Inspector, Ex.A3 and the rough sketch plan, Ex.B5, which would establish that the accident occurred due to the heavy impact of the lorry.