The main legal point established is the determination of liability and compensation in a motor vehicle accident under the Motor Vehicles Act, 1988.

JUDGMENT :

The appellants are the second and fourth respondents in M.V.O.P.No.325 of 2007 on the file of the Motor Accident Claims Tribunal-cum- Principal District Judge, Chittoor and the respondents are the petitioners and respondents 1, 3 and 5 in the said case.

2. For the sake of convenience, both the parties in the appeal will be referred to as they are arrayed in the claim application.

3. The claimants filed a Claim Petition under section 166 of Motor Vehicles Act, 1988 against the respondents praying the Tribunal to award an amount of Rs.12,00,000/- towards compensation on account of death of deceased B.Ethirajulu in a Motor Vehicle Accident occurred on 14.03.2007.

4. The brief averments of the petition are as follows: On 14.03.2007 at about 6.00 a.m. while the deceased B.Ethirajulu, owner-cum-driver of Tata Spacio vehicle bearing No.AP 26 U 7373, was proceeding on Chittoor-Bangalore NH road and when he reached near Mordhanapalle village, the driver of lorry bearing No.KA 07C 2613 drove the same in a rash and negligent manner and dashed against the Spacio vehicle of deceased, resulting which the deceased sustained injuries on his head and all over the body and succumbed to injuries while undergoing treatment and the petitioners claimed an amount of Rs.12,00,000/- towards compensation.

5. The first and third respondents remained exparte. The fourth respondent filed counter denying the claim of the claimants and contended that the claimants are not entitled any compensation and the fourth respondent is not liable to pay any compensation to the petitioners. The second respondent adopted the written statement of fourth respondent. The fifth respondent filed written statement contending that she being the mother and class-1 legal heir of the deceased B.Ethirajulu, is entitled to compensation.

6. Based on the above pleadings, the Tribunal framed the following issues:

i. Whether the accident was occurred due to the rash and negligent driving of driver of 1st respondent’s lorry bearing registration No.KA-07-C-2613 or due to the rash and negligent driving of the deceased driver-cum-owner of the Tata Spacio vehicle bearing registration No.AP 26U 7373 or both?

ii. Whether the petitioners are entitled for any compensation for the death of the deceased Ethirajulu, if so, to what amount and from whom?

iii. To what relief?

7. During the course of enquiry in the claim petition, on behalf of the petitioners, PW1 and PW2 were examined and Ex.A1 to Ex.A10 were marked. No oral evidence was adduced on behalf of respondents, however Ex.B1 to Ex.B3 were marked.

8. At the culmination of the enquiry, after considering the evidence on record and on appreciation of the same, the Tribunal has given a finding that the accident was occurred due to rash and negligent driving of driver of offending vehicle lorry and awarded a sum of Rs.9,00,712/- towards compensation to the claim petitioners and fifth respondent. Being aggrieved by the impugned award, the second and fourth respondents filed the appeal questioning the legal validity of the order of the Tribunal.

9. Heard learned counsels for both the parties.

10. Now, the point for consideration is:

Whether the Order of Tribunal needs any interference?

11. POINT :-

In order to prove the rash and negligent driving of the driver of the offending vehicle, the petitioners relied on the evidence of PW1 and PW2 and Ex.A1 to Ex.A10. PW1 is not an eye witness to the accident. PW2 is one of the eye witness to the accident and also inquest mediator. In order to prove the rash and negligent driving of the driver of the offending vehicle, the petitioners examined one of the eye witness to the accident as PW2. The evidence of PW2 goes to show that the accident occurred due to rash and negligent driving of the driver of the offending vehicle lorry i.e., third respondent. Ex.A1 is the certified copy of First Information Report and Ex.A2 is the certified copy of inquest report. After occurrence of the accident, the driver of the ano