MOHD. NIZAMUDDIN Vs. SYED JHAHANGIR HUSSAIN

JUDGEMENT

(1.) This appeal is filed by the appellants-claimants aggrieved by the order and decree, dtd. 3/5/2007 passed in O.P.No.664 of 2007 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, Medak at Sangareddy (for short "the Tribunal).

(2.) Brief facts of the case are that the appellants filed a petition under Sec. 166 of the Motor Vehicles Act claiming compensation of Rs.4,00,000.00 for the death of one Mohd. Pasha (hereinafter referred to as "the deceased"). It is stated that on that day, the deceased, along with his friend, was proceeding on Hero Honda Splendor Motor Cycle bearing No.AP 23 L 2913 and when they reached Addagatta Cross Roads on Khajipally-Gaddapotharam Road, one Tipper bearing No.AP 28 X 5532 driven by its driver in a rash and negligent manner at high speed and dashed the motor cycle, due to which the deceased and his friend have fallen down and sustained injuries and the deceased died on the spot. On complaint, a case in Crime No.42 of 2007 has been registered against the driver of the Tipper bearing No.AP 28 X 5532. It is also stated that the deceased was working as Contract Labourer and was earning Rs.6,000.00 per month. Due to sudden demise of the deceased, the appellants lost their source of income. The 1st respondent is the owner and the 2nd respondent is the insurer of the Tipper bearing No.AP 28 X 5532, are jointly and severally liable to pay the compensation.

(3.) The 1st respondent, owner of the Tipper filed counter denying the averments made in the claim-petition including the manner in which the accident took place, age, occupation and income of the deceased. It is also stated that the Tipper was insured with the 2nd respondent and the policy was in force as on the date of the accident, hence, the 2nd respondent alone is liable to pay the compensation, if any, awarded by the Tribunal.