LAWS(APH)-2002-2-162

KANCHERLA BHAGYA Vs. K BALAKOTAIAH

Decided On February 14, 2002
KANCHERLA BHAGYA Appellant
V/S
K.BALAKOTAIAH Respondents

JUDGEMENT

(1.) The claimants in O.P.No. 658 of 1989 filed this appeal not being satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal-District Judge, Nalgonda by Award, dt. 19-10-1990 in O.P.No. 658 of 1989.

(2.) The brief facts of the case are as follows: The appellants herein filed O.P.No. 658 of 1989 under Section 110-A of the Motor Vehicles Act, 1939 claiming compensation of Rs. 5,00,000/- for the death of one Kancherla Sreenivasa Reddy in a motor accident. Appellant No. 1 is the wife and appellants 2 to 5 are the minor children of the deceased K. Sreenivasa Reddy. According to the claimants, the deceased K. Sreenivasa Reddy was hale and healthy and was working as Headmaster in the Upper Primary School at Thanderapally Village, Nalgonda District. On 05-02-1989, at about 4.30 p.m., while the deceased K. Sreenivasa Reddy was going on a scooter bearing No. AAL 5092 along with another person by name Narayana Reddy and while they reached PWD Road leading from Bhongir to Chityal, the lorry bearing No. AAE 7839 belonging to the 1st respondent came at high speed from the opposite side and hit the scooter of the deceased.

(3.) It is the case of the claimants that the lorry was driven by its driver in a rash and negligent manner resulting in the accident due to which, the deceased died on the spot and the pillion rider suffered injuries. Acceding to the claimants, the deceased was drawing a salary of Rs. 3,200/- per month and since they lost the only earning member of their family, they made a claim seeking compensation of Rs. 5,00,000/- against the owner of the lorry as well as the 2nd respondent with whom the lorry was insured.