UNITED INDIA INSURANCE COMPNAY LIMITED Vs. BHANU BEE

JUDGEMENT

(1.) THE civil miscellaneous appeal is directed against the award and decree in O.P. No.748 of 2003 on the file of the Motor Accidents Claims Tribunal-cum-XIII Additional Chief Judge, Fast Track Court, City Civil Court, Hyderabad, dated 17-12-2004.

(2.) BOTH the respondents to the appeal are the parents of Ahmed Khan @ Rahamath Khan, aged 22 years, then working as a driver for a monthly salary of Rs. 4,000/-. On 16-10-2002 Ahmed Khan was coming on a Hero Honda No.AP 13F 1990 and at about 8.30 p.m. near NTR cross roads in the outskirts of Yenkepalli, the vehicle turned turtle and Ahmed Khan receiving grievous injuries on the head and the vital parts of the body, died on the spot. Vikarabad police registered crime No.325 of 2002 and the dead body was subjected to post-mortem. The deceased was contributing his entire income for the maintenance of the family and the claimants lost their only son and source of livelihood in their old age. Hence, the claim under Section 163-A of the Motor Vehicles Act, including the claim under Section 140 of the Motor Vehicles Act, for a compensation of Rs. 3,00,000/- including damage to clothing, funeral and obsequies expenses, loss of life and future earning power.

(3.) DURING the enquiry, P.W.1 was examined and Exs.A.1, A.2 and B.1 were marked.