J. SARALA Vs. RAVINDRA NAIDU GURAJALA G.

JUDGEMENT

(1.) This appeal is filed by the appellants challenging the judgment and award dated 13.07.2018 passed in M.V.C.No.1381/2016 on the file of XXI Additional Small Causes Judge and Motor Accident Claims Tribunal (SCCH-23), Bengaluru questioning contributory negligence and also contending that compensation awarded by the Tribunal is very meager.

(2.) The factual matrix of the case is that on 19.01.2015 at about 5.45 a.m. at Mogili Village, Chittor - Palamner Road, Bangarupalyam Mandelam, Andhra Pradesh, the second respondent being the driver of the lorry bearing Registration No.AP-03-X-3401 belonging to the first respondent, insured with the third respondent has parked his lorry on the road negligently without following rules and regulations and without giving any signal or indications to other road users. At that time, the deceased and his family members were proceeding in their car from Tirupati towards Bengaluru and hit on the rear side of the parked lorry. As a result of which, the deceased sustained head injuries and succumbed to the injuries at the spot.

(3.) It is the contention of the claimants before the Tribunal that deceased was working in ICT Service Management India Private Limited and was earning Rs.35,000/- per month and they were depending on the income of the deceased. Due to untimely death of the deceased, the family lost earning member of the family.