SYED NAZEER Vs. MOHAMMED QAYYUM

JUDGEMENT

(1.) The appellants who are the parents of the deceased Syed Nawaz have filed the present appeal for enhancement of compensation as against the impugned judgment and award dtd. 29/9/2015 made in MVC No.339/2014 on the file of the Principal MACT and Principal District and Sessions Court, Bidar, awarding compensation of Rs.7,08,000.00 with interest at 6% per annum from the date of petition till the date of realization.

(2.) It is the case of the claimants that the deceased Syed Habib Shah and Syed Nawaz went to Zaheerabad along with the complainant on the motorcycle bearing No.KA-38/K-8551 and while returning from Zaheerabad, the deceased was a pillion rider and the complainant was riding the motorcycle, in slow manner and with due caution, when they reached at Wadi cross on Bidar-Zaheerabad road, at about 4.00 p.m., the commander Jeep bearing No.KA-38/M-440 driven by its drive from Bidar to Zaheerabad in a rash and negligent manner to the wrong side of the road violently and dashed to the motorcycle of the deceased. Due to the said impact, the deceased Syed Zawaz and the complainant fell down and sustained fatal injuries. Immediately, they were shifted to District Government Hospital, Bidar and after providing preliminary treatment, they were referred to Osmania General Hospital, Hyderabad. But, the deceased Syed Nawaz succumbed to the injuries on 13/5/2014 in Osmania General Hospital, Hyderabad. The cause of death is due to rash and negligent driving of the commander jeep. Therefore, the claimants have filed a claim petition for compensation.

(3.) It is further contended that the claimants have lost their most loving family member and bread earner of the family. Due to sudden death, the claimants have lost love and affection and there is nobody to lookafter them, because of lack of finance and source of income, they are facing great hardship, mental torture and agony. Before the accident, the deceased was hale and healthy, aged about 20 years by doing flooring work and drawing salary of Rs.25,000.00 to Rs.30,000.00 per month. Therefore, they sought for compensation of Rs.32,40,000.00 along with interest.