RATHOD DRUPATHA BAI Vs. T.GANGA SINGH

JUDGEMENT

(1.) This appeal is filed by the appellants-claimants aggrieved by the judgment and decree dated 24.02.2009 passed in O.P.No.24 of 2004 by the Motor Accident Claims Tribunal-cum-I Additional District Judge, Adilabad (for short, the Tribunal).

(2.) The brief facts of the case are that appellant No.1 is the wife, appellant Nos.2 and 3 are the children and appellant Nos.4 and 5 are the parents of the deceased, Shanker. On 26.04.2002 at about 7.30 pm., while the deceased was travelling in a jeep bearing No.AP1T 5451 to go to his village, and when the jeep reached Rajula Temple in Mekalagandi Area on National Highway No.7, the driver of the jeep drove it in a rash and negligent manner, due to which, the jeep turned turtle. In the said accident, the deceased sustained grievous injuries and he was shifted to Government Hospital, Adilabad, where he succumbed to injuries. The appellants filed the aforesaid OP against respondent Nos.1 and 2, owner and insurer of the jeep, respectively, claiming compensation of Rs.4,00,000/- for the death of the deceased.

(3.) Before the Tribunal, respondent No.1 filed counter denying the averments of the claim petition and contended that the accident had not occurred due to the rash and negligent driving of the driver of the jeep and that the appellants, in collusion with police, implicated respondent No.1 and his vehicle and sought to dismiss the claim petition. Respondent No.2 filed its counter stating that an unknown lorry hit the jeep and the driver of the lorry is responsible for the accident and that the identity of the deceased is in dispute and sought to dismiss the claim petition.