SIDAMMA NAIDU Vs. V. VIKRAM REDDY AND ANOTHER

JUDGEMENT

(1.) Question of law being similar in both the cases they were heard analogously and disposed of by this common judgment. For sake of clarity and convenience the facts in M. A. No. 196/1997 are adverted to herein.

(2.) The claimant is the widow of S. Nagraj who met with an accident while driving a truck bearing registration No. MPO-3T-378 from New Delhi to Madras on 11-10-1994. It has been put forth in the claim petition that the driver was driving the vehicle at a great speed as a consequence of which the truck fell in a valley which resulted in the death of the driver. The claimant put forth the claim of Rs. 7,65,000.00 on various heads and sought realisation of the same from the owner of the vehicle as well as the insurer as the vehicle had been insured with the Insurance Company.

(3.) The claim of the appellant was countered by the owner as well as the Insurer on the foundation that as the driver had met his end due to his own negligence, the claim petition preferred under Sec. 166 of the Motor Vehicle Act, 1988 was not maintainable.