NEW INDIA ASSURANCE CO LTD Vs. HUMEERA SULTANA

JUDGEMENT

(1.) M .A.CM.A.No.4645 oRS.2008 is directed against the order, dated 06.09.2007, in O.P.No.2832 oRS.2005 on the file oRS.the learned Chairm m, Motor Vehicles Accidents Claim Tribunal-cum-III Additional ChieRS.Judge, City Civil Judge, Hyderabad, wherein the said claim application filed by the respondents 1 to 5 herein was allowed in part awarding compensation of RS.4,15,700/- with interest @ 7.5% p.a. from the date of the petition.

(2.) M .A.C.M.A.No.811 oRS.2008 is filed by the claimants seeking enhancement of the compensation.

(3.) CLAIMANTS filed O.P.No.2832 oRS.2005 under Section 166 of the Motor Vehicles Act, 1988, seeking compensation oRS.RS.6,00,000/- for the death of the deceased- Mohd.Vasiuddin. 1st claimant is the wife; claimants 2 and 3 are the parents; 4th claimant is the brother and 5th claimant is the minor son of the deceased. According to the claimants, the deceased, who was an auto driver, was proceeding in his auto bearing No.AP 24U 3868 on 25.09.2005 and near Hayathnagar, the lorry bearing No.AP 9T 6628, driven in a rash and negligent manner by its driver, dashed against the auto from the rear side resulting in multiple injuries to the deceased, who died while being taken to Osmania General hospital. It is further pleaded that the deceased was aged 28 years and was earning RS.4500/- per month besides RS.150/- per day as batta as the driver of the auto.