NEW INDIA ASSURANCE CO LTD Vs. RAVELA YOHANU

JUDGEMENT

(1.) RESPONDENTS 1 to 3 filed MVOP No. 1313 of 2006 before the motor Vehicle Accidents Claims Tribunal-cum-III Additional District Judge, Guntur under Sections 140, 163-A and 166 of the motor Vehicles Act (for short 'the Act'), claiming compensation of Rs. 2,00,000/- on account of the death of one Ravela Korneli s/o. Ramaiah. Respondents 1 to 3 are the brothers of the deceased. It was pleaded that while the deceased and another were crossing the road at Ratnala Cheruvu on the bypass road on 23. 4. 2006, a Tempo trax Car bearing No. AP 27 V 9391, owned by the fourth respondent and insured with the appellant, dashed against the deceased leading to his death on the spot. They pleaded that the accident occurred only on account of the rash and negligent driving on the part of the driver of the vehicle.

(2.) THE fourth respondent remained ex parte and the OP was opposed by the appellant alone. It was pleaded that the OP is not maintainable, since it was filed under sections 140, 163a and 166 of the Act and that the respondents cannot be treated as dependants of the deceased.

(3.) HEARD Sri Naresh Byrapaneni, the learned Counsel for the appellant and Sri B. Parameswara Rao, the learned Counsel for respondents 1 to 3.