SOUTH CENTRAL RAILWAY Vs. J SHEKHAR & ORS

JUDGEMENT

(1.) This appeal is directed against the order dated 1.2.2000 in O.P. No. 955 of 1996, on the file of the Motor Accident Claims Tribunl (III Additional Chief Judge, City Civil Court) (for short "Tribunal"), Hyderabad, wherein the claim of the respondent Nos. 1 to 3 herein was allowed in part awarding compensation of Rs. 96,588 with interest at 12% per annum from the date of petition.

(2.) Respondent Nos. 1 to 3 herein filed claim application before the Tribunal claiming total compensation of Rs. 1,50,000 for the death of the deceased Ramulu, who died in a motor vehicle accident that occurred on 4.6.1996. According to them, on that day the deceased parked his rickshaw on the footpath of the road near Mr. Vijaya Electronics, Nallakunta, Hyderabad and that a jeep bearing No. AIY 5037, belonging to the appellant-Railways, driven in a rash and negligent manner at high speed by its driver, dashed against the rickshaw, resulting in injuries including fracture of both legs for which the deceased succumbed while undergoing treatment at Gandhi Hospital, Secunderabad. It is further pleaded that the deceased was aged 40 years and was earning Rs. 3,000 per month as rickshaw puller and the claimants are dependant on the income of the deceased.

(3.) The appellant-Railways filed a counter before the Tribunal opposing the claim and denying their liability to pay the compensation.