(1.) Both the civil miscellaneous appeals arise out of the same award dated 17.2.2009 in O.P. No. 538 of 2007 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-V Additional Metropolitan Sessions Judge (Manila Court)-cum-XIX Additional Chief Judge, City Criminal Courts, Hyderabad.
(2.) The factual background for these two appeals is that on 25.4.2005 at about 8.30 p.m. when John Maislamani was going for a walk near Naz Hotel, he was dashed against by motor cycle bearing No. AP 10-AE 5033 driven rashly and negli-gently. He was shifted to Railway Hospital, but succumbed to the injuries on 3.5.2005. The brother of the deceased and his wife were taking care of the deceased, brought him up and educated him and, therefore, the deceased was contributing his income entirely to the claimants. The claimants, therefore, sought for a compensation of Rs. 8,50,000 due to loss of dependency and future support.
(3.) While the owner of the motor cycle remained ex parte, the insurer denied the allegations of the claimants, denied any negligence on the part of the motorcyclist, denied any licence for the driver or any insurance coverage for the vehicle and de-sired the claim to be negatived. Permission under section 170 of the Motor Vehicles Act, 1988 was obtained as per orders in LA. No. 24 of 2009.
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