R ANNAPOORNA Vs. SHARMA TRANSPORTS

JUDGEMENT

(1.) This appeal is filed by the claimants against the award dated 01-10-2005 in O.P.No.243 of 2002 on the file of the Motor Accidents Claims Tribunal (I Additional District Judge), Mahabubnagar, seeking enhancement of compensation.

(2.) On 23-01-2001, while the deceased was proceeding on his scooter bearing Regn. No.AP22/C-1568, a bus belonging to the 1st respondent bearing Regn. No.KA- 01/C/6666 driven in a rash and negligent manner, dashed against the scooter, which resulted in fatal injuries, due to which the deceased succumbed to the injuries while undergoing treatment in the Government Hospital on 25-12-2001. The appellant No.1 (claimant No.1) is the wife of the deceased and appellants 2 to 4 (claimants 2 to 4) are his children. The deceased was a Head Constable at the time of his death. The appellants filed petition under Section 166 of the Motor Vehicles Act, 1988 (for brevity 'the Act') claimed compensation of Rs.10.00 lakhs.

(3.) The Tribunal formulated issues as to whether the accident was due to rash and negligent driving of the vehicle of the 1st respondent and whether the appellants are entitled to compensation, and if so, to what amount.