P. LAVANYA Vs. NAGAMMA TRANSPORT, ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is filed by the appellants/claimants under Sec. 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dtd. 6/2/2024 passed in MVC No.5539/2022 on the file of the VIII Addl. Small Causes Judge and MACT (SCCH-5), Bangalore for enhancing the compensation.

(2.) Heard the arguments of the learned counsel for the appellants and learned counsel for respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience.

(3.) The brief facts of the case is that on 21/8/2022 at about 12.30 am P.Ramesh was driving a car bearing Reg.No.AP-04-AY-1082 near Empedu Eswaraiah Colony, Srikalahasthi Mandal, Tirupathi District, A.P., a tractor bearing Reg.No.AP-39-UC-9920 and trailer bearing Reg.No.AP-39-UE-4909 parked unmindfully on the middle of the road, without any signals like indicator lights, reflectors etc., inspite of the careful driving, P.Ramesh could not see the parked vehicle, so he dashed against the parked tractor, as a result, he sustained grievous injuries and was taken to Government Hospital Srikalahasthi and during the course of treatment he succumbed to the injuries. Subsequently his wife, children and mother filed claim petition, claiming compensation of Rs.40.00 lakhs. The Tribunal considering the entire evidence on record, granted an amount of Rs.18,12,732.00 along with interest at the rate of 6% p.a., from date of petition till deposit.