LAWS(KAR)-2019-3-352

SAKE RAMANJINEYULU Vs. B RAMANJINEYULU

Decided On March 11, 2019
Sake Ramanjineyulu Appellant
V/S
B Ramanjineyulu Respondents

JUDGEMENT

(1.) Though the matters are listed for admission, with the consent of learned counsel for both the parties, they are taken up for final disposal.

(2.) Mfa No.100359/2016 and MFA No.100358/2016 have been filed by the claimants seeking enhancement of the compensation out of common judgment and award dated 28.09.2015 passed by III Motor Accident Claims Tribunal, Ballari (herein after referred to as the 'Tribunal' for the sake of brevity) in MVC.No.504/2015 and 503/2015 respectively. The parties are arrayed as per their ranks before the Tribunal.

(3.) Brief facts of the case are that, on 05.04.2015 the Serigeri Suresh alias S. Suresh along with his friend by name Sake Sreekanth were going on a Hero Honda Passion Pro motor cycle bearing Reg. No.AP-02/AX-4702 from Gangavaram towards Nirmaladevi temple. The said Serigeli Suresh was riding the motor cycle with slowly and cautiously on proper side of the road and said Sreekanth was proceedings as a pillion rider. At about 3.15 p.m. respondent No.1 driver of the Tractor-Trailer bearing Reg.No.AP-02/AC-813 and AP-02/AC-0814 came from opposite direction in a rash and negligent manner and dashed against the motor cycle infront of Nirmalamma temple, on Gangavaram- Duddekunta road. Due to the said impact, both the rider and pillion rider of the motor cycle fell down and sustained injuries and died. The motor cycle was completely damaged in the said accident. Further, the petitioners have contended that, the deceased Serigeli Suresh S. was aged about 20 years and had completed the ITI and Diploma in Multi Purpose Health Assistant (Male Nurse) course and at present he was doing the computer course and working as a Mechanic and from that the deceased was earning Rs.15,000/- per month and deceased S.Srikanth was aged about 19 years at the time of accident and he was working in Medical Agency and also studying in the leisure period and he was earning Rs.15,000/- per month. Further the petitioners have contended that, due to the death of said S.Suresh and S.Sreekanth the petitioners have lost their love and affection and earning member of their family. Therefore, they have prayed for compensation of Rs.30.50 lakhs each in both the cases.