B RAJAM Vs. D SATTAMMA
LAWS(APH)-1992-11-46
HIGH COURT OF ANDHRA PRADESH
Decided on November 30,1992

BANGARI RAJAM Appellant
VERSUS
DASARI SATTAMMA Respondents


Referred Judgements :-

YOUNG VS. EDWARD BOX AND CO,LTD. [REFERRED TO]
PUSHPABAI PURSHOTTAM UDESHI VS. RANJIT GINNING AND PRESSING CO PRIVATE LIMITED [REFERRED TO]


JUDGEMENT

A.Lakshmana Rao - (1.)As these two appeals arise out of the common order of the learned single Judge, they are disposed of by this common Judgment.
(2.)One by name, Dasari Narayana died as a result of the accident while he was travelling in the lorry API 1671 belonging to the Singareni Collieries Company Ltd., The accident took place on 16-10-1984 at about 9 A.M. At the time of the accident, Sri Bangari Rajam, Appellant in L.P.A.No. 264 of 1992 was driving the vehicle. There is no dispute mat Bangari Rajam was the employee of Singareni Collieries Company Ltd., at the time of the accident and he was authorised by the Singarani Collieries Company Ltd., to drive the lorry API 1671. On the basis of the evidence of P.W. 2 and Exs. A-l and A-2, the Motor Accidents Claims Tribunal held that the accident was caused due to the rash and negligent driving of the vehicle by Bangari Rajam.
(3.)The claimants were the mother, the wife and the minor son of the deceased Dasari Narayana. The Singareni Collieries Company Ltd., in its counter filed before the Claims Tribunal admitted that the deceased Dasari Narayana was its employee and was earning wages of Rs. 959-92 ps. per month at the time of the accident. On the basis of evidence, the Tribunal determined the compensation payable to the claimants at Rs. 79,000/-. However, holding that the driver Bangari Rajam was not authorised by the Singareni Collieries Company Ltd., to permit the deceased Dasari Narayana to travel in the vehicle and therefore the Company was not liable to pay the compensation the Tribunal directed that the driver alone was liable to pay the compensation.
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