CHATLA SRINAMMA Vs. PAWANSUT MANAGEMENT LTD.

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied, the claimants preferred this appeal against the judgment and decree dtd. 22/10/2011 in M.V. O.P. No.590 of 2010 passed by the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, Srikakulam (for short 'the tribunal'), Srikakulam, wherein the tribunal awarded an amount of Rs.3,70,000.00 with interest at 9% per annum and costs payable by the respondents 1 and 2 jointly and severally.

(2.) For convenience sake, the parties will be hereinafter be referred to as they were arrayed in M.V.O.P.

(3.) The claimants filed M.V.O.P. claiming compensation under Sec. 166 of Motor Vehicles Act, 1988 read with Sec. 455 of A.P. Motor Vehicle Rules, 1989 an amount of Rs.5,00,000.00 against the respondents, for the death of Nageswara Rao, who is the husband of the 1st claimant, father of claimants 2 and 3 and the son of claimants 4 and 5, in a road accident that occurred on 14/7/2009 while the said Nageswara Rao was riding the motor cycle bearing No.AP 30 H 5275 on which two girls were sitting as pillion riders, at 3.30 PM when he reached the outskirts of Ichapuram, a tanker lorry bearing No.NL 01/D 4416 came in opposite direction and dashed against the motor cycle, as a result he fell down and sustained multiple injuries, then he was admitted in Government Hospital, Ichapuram and later he was referred MKCG Hospital, Berhampur, on the same day he died in the hospital.