MUKKA LAXMI BAI Vs. NEERAJA

JUDGEMENT

(1.) Aggrieved by the Common Judgment and Decree dtd. 19/10/2006 (hereinafter will be referred as 'impugned judgment') passed by the learned Chairman, Motor Accident Claims Tribunal - cum - I Additional District Judge, Nizamabad (hereinafter will be referred as 'Tribunal") in O.P.No.677 of 2000 and O.P.No.45 of 2002, the petitioner/claimant in O.P.No.677 of 2000 i.e., mother of the deceased filed the present Appeal to modify the common judgment and decree dtd. 19/10/2006 and thereby prayed to dismiss the O.P.No.45 of 2002.

(2.) For the sake of convenience, the parties hereinafter are referred as they were arrayed before the Tribunal.

(3.) The brief facts of the case as can be seen from the record are that the petitioner filed claim petition under Sec. 166 of the Motor Vehicles Act claiming compensation of Rs.15,00,000.00 from the respondent Nos.2 and 3 for the death of her son by name 'Nagaraju' in the road traffic accident that occurred on 7/3/2000. The petitioner arraigned the wife of the deceased as respondent No.1, as the wife of the deceased got remarried. The reason assigned by the petitioner for the death of her son is that on 7/3/2000 while the deceased was opening the lock of his shop M/s. Venkateswara Agencies, Husnabad Street, Armoor, a van bearing No. AP 25 T 4816 (hereinafter will be referred as 'crime vehicle') driven by its driver in rash and negligent manner dashed against the deceased. As a result, the deceased sustained crush injuries to head and died on the spot. It is submitted by the petitioner that since the accident occurred due to the rash and negligent driving of the crime vehicle, the respondent Nos.2 and 3 being the owner and insurer of the crime vehicle are jointly and severally liable to pay the compensation.