JAKKA SHEKAMMA Vs. S SURYA PRAKASH

JUDGEMENT

(1.) The claimants being aggrieved by the judgment dated 28.01.2009, passed in MVC No.70/2007, by the Motor Accident Claims Tribunal-V, Bellary have filed this appeal .

(2.) It is the case of the claimants before the Tribunal that on 10.10.2006, the deceased Jakka Ramanjineyalu was proceeding on a motorcycle bearing Registration No.KA-34/L-189 from Obalapuram Village towards Bellary, slowly and cautiously on the proper side of the road. When he was so proceeding at about 7.30 p.m. , one tractor-trailer bearing Registration No.MEK-8164 ATA-9880 came from Obalapuram side proceeding towards Bellary dashed to the motorcycle, due to which the deceased fell down and the front wheel of the said tractor-trailer ran over the head of the said Jakka Ramanj ineyalu, causing spot death.

(3.) The claimants have further stated that the deceased was a proclane operator (JCB) and earning Rs.8,000/- p.m. and thereby he was maintaining his family consisting of petitioners. Due the sudden death of the deceased, they have lost very source of income and have been thrown to streets. Petitioner No.1 is the legally wedded wi fe of the deceased, petitioner No. 2 is the minor daughter and petitioners No.3 and 4 are the parents of the deceased. Therefore they claimed compensation of Rs.13,35,000/- against the owner and insurer of the of fending vehicle.