Banuka Komuramma 2 Ors vs Ranga Bikshapathi 2 Ors
2021 Latest Caselaw 4394 Tel

          THE HONOURABLE JUSTICE G. SRI DEVI

                     M.A.C.M.A. No.944 of 2007

JUDGMENT :

Aggrieved of the order dated 07.02.2007 in O.P.No.134 of 2004

on the file of Motor Accident Claims Tribunal-cum-III Additional

District Judge, Karimnagar, this appeal is filed.

2. The aforesaid O.P. was filed by the appellants herein, seeking

compensation of Rs.8,00,000/- for the death of the husband of 1st

appellant in the accident occurred on 11.08.2001. On evaluating the

entire oral and documentary evidence on record, the Tribunal has

dismissed the said O.P. on the ground that the petitioners-claimants

have failed to establish that the accident was the result of rash and

negligent driving of the 1st respondent-Driver of the lorry, and on the

other hand, the Insurance Company has proved that the accident was

the result of rash and negligent riding of two wheeler by the deceased.

3. Heard both sides and perused the material on record.

4. The learned Counsel for the appellants-claimants has contended

that the Tribunal has failed to consider the evidence on record in

proper perspective and accordingly came to the wrong conclusion that

there was no negligence on the part of the 1st respondent-Driver of the

lorry, but the accident was the result of negligent riding of two

wheeler by the deceased himself.

GSD, J MACMA.No.944 of 2007

5. On a perusal of the order of the Tribunal, it is evident that the

Tribunal has elaborately discussed the oral and documentary evidence

adduced before it with reference to the facts of the case and came to

the conclusion that there was no negligence on the part of the 1st

respondent-Driver of the lorry, as he parked the Lorry on the left side

of the road, but the deceased had negligently caused the accident by

dashing his two wheeler to the stationed Lorry. Hence, I do not find

any error or infirmity in the impugned order passed by the Tribunal

dismissing the O.P. filed by the claimants.

6. Therefore, this appeal is devoid of merit and it is accordingly

dismissed. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

____________________ JUSTICE G.SRI DEVI Date: 16.12.2021

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