E RAJESHWARI Vs. T S SEKHAR

JUDGEMENT

(1.) The Appellants filed M.V.O.P. No. 96 of 2008 before the Chairman, Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Tirupathi (for short 'the Tribunal'), claiming a sum of Rs. 5,00,000/-, as compensation, on account of the death of Sri E. Ankaiah, husband of Appellant No. 1, father of Appellant No. 2 and son of Appellant No. 3. It was stated that Ankaiah was proceeding on a bicycle on 19-09-2007 at 6.00 p.m., in Puttur Village on Puttur-Tirupathi Road and a Car bearing No. AP-03-AC-3253, owned by Respondent No. 1 and insured with Respondent No. 2, came in a rash and negligent manner and hit him. Ankaiah was shifted to Community Health Centre, Puttur and there, he was given first-aid. When he was being shifted to a Government Hospital, at Tirupathi, he succumbed to injuries, on the way. Crime No. 96 of 2007 was registered by Puttur Police Station against the driver of the vehicle and post-mortem was conducted on the deceased.

(2.) The Appellants pleaded that the deceased was earning a sum of Rs. 150/- per day and he was aged 25 years, when he died. Respondent No. 1 remained ex parte. The M.V.O.P. was opposed by Respondent No. 2. It was pleaded that there did not exist any valid insurance policy as on the date of the accident. It was also alleged that the driver of the vehicle did not possess valid driving licence.

(3.) Through its order, dated 19-03-2010, the Tribunal awarded a sum of Rs. 4,41,500/- against Respondent No. 1 and exonerated Respondent No. 2 from liability. Hence, this appeal.