MALLAPPA APPANNA KATTIMANI Vs. REJENDRA VENKATARAMAYYA PATALAPALLI

JUDGEMENT

(1.) This is an appeal preferred by the appellants/claimants by questioning the impugned judgment passed by the Senior Civil Judge and Addl. MACT, Ron in MVC No.6/2007, dated 31st December 2011 by awarding compensation for a sum of Rs.10,519/- with interest at 6% p.a.

(2.) Heard the learned counsel for the appellants and the learned counsel for the respondents.

(3.) The learned counsel for the appellant during the course of his arguments contended that the impugned judgment and award passed by the Court below is contrary to law, arbitrary and the records of the case is against the principles of natural justice. The compensation awarded by Tribunal is totally in adequate compared to the records of the case. Therefore, in this appeal it is required to be revisiting the impugned judgment by considering the evidence as put forth by PW1 as well as the documents at Exs.P1 to P39, produced to establish the case against the respondents. It is further pointed out that the Tribunal has committed an error in awarding meager compensation for the death of the deceased Gangavva, where she has sustained injuries due to the accident, as the same is reflected in the wound certificate. The deceased - Gangavva being an injured, when she met with an accident admittedly, the Tribunal has held that the accident was occurred solely because of the rash and negligence driving by the driver of the offending vehicle, insurance policy was existed and the second respondent is liable to pay the compensation. Therefore, it ought to have been awarded compensation in all the heads, as they sought for by filing the petition before the Tribunal. It is further pointed out that the Tribunal has committed an error in not awarding the compensation under different heads as admittedly. The death of the deceased-Gangavva, who met with an accident and sustaining injuries was also suffering with bed sore. Therefore, the grounds urged in this appeal apart from the evidence which have been put forth by PW1 and also the documents at Exs.P1 to P39 produced by the petitioner to establish the case against the respondents seeking compensation as they sought for by filing the claim petition before the Tribunal.