S LOLAKSHI Vs. N TATAIAH

JUDGEMENT

(1.) This appeal is preferred against the award of the Tribunal made in M.V.O.P. No. 76 of 1992 dated 5.12.1994 wherein the Claims Tribunal has dismissed the claim of the petitioner on untenable grounds. Initially the claim was laid by the parents, sisters, brothers, wife and minor daughter of the deceased under section 166 of the Motor Vehicles Act claiming compensation of Rs. 2,00,000. The brief facts of the case are as follows: On 6.12.1991 the deceased went to Medarametla. There he purchased three bags of groundnut and in order to sell them, he left for Chilakaluripet along with the goods by boarding lorry bearing No. ADM 5136 belonging to the respondent No. 1. The driver of the lorry drove the vehicle in a rash and negligent manner at a high speed and on reaching Martur, dashed against a stationed lorry and as a result, the deceased Ramaraju sustained fracture of both the legs and later succumbed to his injuries in the Government Hospital, Guntur.

(2.) The respondent No. 1 filed counter denying the averments made in the claim petition stating that the driver was driving the vehicle with reasonable care, and when buffaloes came across the road, he suddenly applied brakes and stopped the lorry, and as a result, the lorry dashed against the stationed lorry. He further stated that he sold away the lorry to one K. Rosaiah on 11.9.1991.

(3.) The respondent No. 2 also filed counter denying the averments made in the claim petition and stated that the deceased never loaded any groundnut bags in the lorry and that the deceased travelled in the lorry as gratuitous passenger, and hence, there is no liability on the part of the respondent No. 2, insurance company.