LAWS(APH)-2012-10-103

TATHA SREEVANI Vs. D VIJAYA KUMAR

Decided On October 05, 2012
Tatha Sreevani Appellant
V/S
D Vijaya Kumar Respondents

JUDGEMENT

(1.) The claimants filed the present appeal seeking enhancement of compensation awarded in O.P. No. 43 of 2000 on the file of the I Additional Motor Accidents Claims Tribunal, Nellore. A claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed claiming compensation of Rs. 8.00 lakhs for the death of one Tata Suresh. The Tribunal, after considering the evidence on record, awarded a sum of Rs. 6,98,160/- as compensation with interest at 9% p.a. from the date of petition till the date of realisation.

(2.) The facts which led to the filing of the present appeal are as follows:

(3.) The deceased was working as Process Server in Judicial Department and was getting a salary of Rs. 4,935/- p.m. On 09.05.1999 at about 2.30 PM, the deceased was travelling on a motor cycle on N.H. 9 within the limits of Saroornagar police station. At that time, a lorry bearing No. AP 9-T-8502 driven by its driver in a rash and negligent manner, came from behind and dashed against the motorcycle causing grievous injuries to the deceased resulting in his instantaneous death. The first claimant is the wife, claimants 2 and 3 are minor sons and claimants 4 and 5 are the parents of the deceased. According to them, because of the sudden demise of the deceased, they have lost their sole bread winner.