CHAVVA TANUJA Vs. MOHD HABEEB

JUDGEMENT

(1.) The appellant-wife of the deceased filed this appeal under Section 173 of the Motor Vehicles Act, 1988, inter alia, seeking to assail the correctness of the award dated 25.08.2006 passed in O.P. No. 412 of 2005 on the file of the Chairman, MACT-cum-Additional District Judge, Karimnagar.

(2.) In brief, the facts of the case are that on 25.10.2004 at 10.30 pm when the deceased was coming on his Hero Honda Motor Cycle bearing No. AP 13 D 5688 and when reached near NFCI Cross Road, Road No. 1, Banjara Hills, Hyderabad, one Tata Indica Car bearing No. AP 29 D 2727 came in a rash and negligent manner at high speed in the opposite direction, lost control and dashed the Motor Cycle of the deceased due to which the deceased fell down and received fatal injuries. He was shifted to Yashoda Hospital, Somajiguda and during the course of treatment, he succumbed to the injuries on 26.10.2004. Police registered a case in crime No. 789 of 2004.

(3.) According to the appellant, the deceased was aged about 29 years, did B.Sc., Computers and doing job in marketing research in TNSPVTLTD, Road No. 2, Banjara Hills, Hyderabad, since 7 years and drawing monthly salary of Rs. 9,500/-. Further, the deceased was an income tax assessee. Hence, the total claim was made for an amount of Rs. 28,00,000/-. The appellant is the wife and respondents 4 and 5 are the parents of the deceased.