YAMPALA PADMA Vs. G. SRI SATYA TRINATHA

JUDGEMENT

(1.) This appeal under Sec. 173(1) of the Motor Vehicles Act (hereinafter referred to as "the Act ") has been filed by the Appellants/Claimants challenging the Award dtd. 22/3/2006 delivered by the Motor Accidents Claims Tribunal-Cum District Judge, Nellore in M.V.O.P.No.297 of 2004 granting compensation of Rs.1,75,000.00 along with interest at the rate of 7.5% per annum to the petitioners /claimants i.e., wife and two children of the deceased-Nagaraju, from the date of petition till date of realization against the respondent Nos.1 and 2 on account of his death in a road accident that occurred near Saibaba Temple, Gudur Rural, Nellore District on 22/5/2004.

(2.) For the sake of convenience, the parties are hereinafter referred to as they are arrayed before the Tribunal in the claim petition.

(3.) Y.Nagaraju, aged 36 years who is a rickshaw puller at the time of his death, was earning an amount of Rs.200.00 per day and monthly income of Rs.6,000.00 per month. On 22/5/2004 when the deceased and his brother-in-law were coming from ice factory and after crossing Saibaba temple, the offending lorry bearing No.ABK 9949 came in an opposite direction in a rash and negligent manner and hit the deceased as a result of which, he fell down and received multiple injuries and while he was shifted to Tirupati for treatment, he was died. The matter was reported to the Police alleging that the accident took place as a result of rash and negligent driving of the offending lorry and based on the FIR lodged by Malakotaiah, who was sitting on the backside of the rickshaw of the deceased, a case in Crime No.63 of 2004 for the offences under Ss. 337 and 338 IPC was registered and after investigation of the case, charge sheet was submitted against the accused-driver of the offending lorry for having committed the offence punishable under Sec. 304-A IPC. The wife and two children of the deceased filed an application claiming compensation of a sum of Rs.3,00,000.00 before the Motor Accidents Claims Tribunal-cum-District Judge, Nellore on account of his death in the said road accident.