Mohd. Yakub vs Gare Sammakka And 2 Others
2024 Latest Caselaw 2723 Tel

Telangana High Court

Mohd. Yakub vs Gare Sammakka And 2 Others on 16 July, 2024

                HON'BLE SRI JUSTICE K.SURENDER


                      MACMA.No. 1768 OF 2009
JUDGMENT:

1. The appellant is the owner of the offending vehicle, who is

aggrieved by the direction of the Tribunal to pay compensation to

the petitioners vide Award in MVOP No.270 of 2007, dated

02.09.2008.

2. The case of the claimants, who are the wife and children is

that while the deceased was going in an auto rickshaw, the

respondent, who was driving his motor cycle bearing No.AP 36K

7008 came in a rash and negligent manner and hit the auto

rickshaw resulting in the auto rickshaw hitting a big tree. On

account of the impact, the deceased received head injuries and

died.

3. The appellant/driver took plea in the court below that it was

the auto, which was driven in zig-zag manner in high speed and on

seeking his motor cycle, took sudden turn and hit a big tree. For

the said reason, the driver of the auto in which eight persons were

sitting was responsible for the accident and appellant is no way

concerned.

4. Appellant has admitted that in fact he was driving the auto

and the accident had happened. Except stating that the auto driver

is at fault nothing was brought on record before the Tribunal to

disbelieve the evidence of the claimants and the complicity of the

appellant in causing the accident.

5. Learned counsel appearing for the appellant would submit

that the auto was over loaded and the driver of the auto was at

fault. However, the appellant was made the scapegoat.

6. The Court below had considered the evidence of P.W.2,who

was injured person sitting in the auto and R.W.2 produced by the

appellant was also an eye witness to the accident. However, the trial

Court found that on account of the rash and negligent driving of the

appellant herein, the accident happened. It is further the case that

the police have also investigated into the case and found fault with

the appellant herein for causing the accident. In the said

circumstances, there are no grounds to interfere with the finding of

the trial Court.

7. Accordingly, Appeal is dismissed. Consequently, miscellaneous

applications, if any, shall stand closed.

___________________

K.SURENDER, J

Date: 16.07.2024

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