THIRUMALA RAMESH Vs. K. LAKSHMI DEVI 2 OTHERS

JUDGEMENT

(1.) Challenging the award dated 30.09.2011 in M.V.O.P.No.97 of 2010 passed by the Chairman, Motor Accidents Claims Tribunal-cum-Family Court-cum-Additional District and Sessions Judge, Anantapur (for short "the tribunal"), the claimant-petitioner preferred this appeal.

(2.) The parties hereinafter called as petitioners and respondents as arrayed in the Tribunal.

(3.) The case of the claimant is that on 10.10.2009 at about 4-20 p.m he was proceeding on his Hero Honda Motorcycle bearing No.A.P.02 P 6806 along with his wife and daughter on Kalyandurg - Anantapur road. The petitioner was riding motorcycle and his wife Smt.Rajeswari and his 5 years old daughter Yeshaswini were pillion riders. Near Pathacheruvu village, one TATA 407 van bearing No.A.P.02 T 9702 (hereinafter referred to as "offending van") dashed the motorcycle due to rash and negligent driving of the van by its driver. The petitioner, his wife and daughter fell from the motorcycle and sustained injuries. His daughter Yeshaswini died on the spot. The police of Kalyandurg Rural Police Station registered a case in Crime No.105 of 2009 and after completing the investigation filed charge sheet against the driver of the offending van for the offences punishable under Sections 337 and 304-A of Indian Penal Code. Immediately after the accident, the petitioner was shifted to Government Hospital, Kalyandurg and there he was treated as inpatient for one day. Later he was shifted to Asha Hospital, Ananatapur for better treatment and there he was treated as in-patient for 10 days. He also took treatment for his teeth at Jayam Dental Super Specialty Hospital, Anantapur. Still, the petitioner is taking treatment as out patient. He spent Rs.1,10,000/- towards medical and attendant charges. He was running a hotel in SK University and was earning Rs.10,000/- per month. Due to the accident he is unable to do his day to day works. The respondents 1 and 2 are the owners of the offending van involved in the accident and the 3rd respondent is the insurer of the said offending van. The petitioner claims compensation of Rs.3,00,000/- from the respondents who are jointly and severally liable to pay him compensation claim.