A.MADDAIAH Vs. VISWANATH

JUDGEMENT

(1.) The only point that arises for consideration in this appeal is whether the major sons can be treated as legal representatives and are entitled for compensation for the death of their mother, who died in a motor accident.

(2.) The appellants herein, who are the sons of deceased Thimmamma filed a claim petition claiming a total compensation of Rs.1,70,000/-. The I Additional District Judge - cum - Motor Accidents Claims Tribunal, Kurnool (hereafter, 'the Tribunal'), by its order dated 16.10.2003 in MVOP No.892 of 2002, though assessed the total compensation at Rs.1,30,000/-, but awarded only Rs.22,500/- as compensation under the heads of loss of love and effection, loss of estate, funeral expenses and transportation charges.

(3.) The brief facts of the case are that on 11.05.2002 at about 03:30 p.m., the deceased Thimmamma and others were sitting near a hotel of one Madiga Gorlagutta Erranna at Maddiletiswamy temple. At about 03:30 p.m., the offending lorry bearing registration No.AP 22 T 2218 coming from R.S.Rangapuram being driven by its driver in a rash and negligent manner and at high speed dashed against the deceased and the others and further rammed into the hotel and cool- drink shop of one J.Abdul Rasool. As a result of this accident, the deceased Thimmamma died on the spot and others sustained injuries. According to the claimants, the deceased was aged 50 years as on the date of the accident and was earning Rs.70/- per day by doing coolie work in the quarries of Rangapuram and that they have lost the earnings of the deceased.