DATTU @ DATTAYYA Vs. SYED TAJUDDIN

JUDGEMENT

(1.) The claimant has filed present appeal for enhancement against the judgment and award passed on 19.04.2013 made in MVC.No.357/2012 on the file of Presiding Officer, Fast Track-II and Addl. MACT. Bidar Camp at Bhalki, awarding a total compensation of Rs.4,72,000/- with 6% interest per annum from the date of petition till realization.

(2.) It is the case of the claimant that, on 30.01.2012 the claimant's wife Sangeeta was proceeding from Omerga to Jagdalwadi in Auto bearing Reg.No.MH- 25-N-1119 along with some others. The driver of the said auto was driving in normal speed and on proper side of the road. At about 3.00 p.m. when the said vehicle came near Talmod Sivar on Jagdalwadi to Omerga No.H.No.9 at that time one Tata Tempo bearing Reg.No.Ap-26-TA-4745 came in a high speed rash and negligent manner from opposite direction and dashed to the auto rickshaw. As a result, auto turtled and claimant's wife Sangeeta suffered fatal injuries and died on the spot. The jurisdictional police have registered the case against the driver of Tata Tempo bearing Reg.No.AP-26-TA-4745 in Crime.No.22/2012 for the offences punishable under Sections 279, 337, 338 and 304-A of IPC and Section 184 of M.V.Act. The claimant further contended that prior to the accident the deceased was quite hale and healthy and aged about 21 years. She was earning Rs.8,000/- per month by doing tailoring work having good experience to stitch clothes and also doing agricultural work. The respondents are jointly and severally liable to pay the compensation to the claimant. Accordingly, he sought for awarding Rs.20,98,000/- by allowing the claim petition as prayed for.

(3.) The respondent No.1 in spite of notice remained absent and placed ex-parte. The respondent No.2 though appeared through counsel, but not filed the written statement in spite of granting sufficient opportunity.