KUSUMA YADAV Vs. Y. YESU BABU

JUDGEMENT

(1.) The appellants, who are claimants, filed this appeal aggrieved by the judgment and decree dtd. 23/3/2006 passed in M.V.O.P. No. 883 of 2002 by the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, East Godavari at Rajahmundry, granting compensation of Rs.15,000.00 with proportionate costs and subsequent interest at 7.5% per annum on compensation amount from the date of the petition till realisation.

(2.) The claimants filed the claim petition under Sec. 166 of the Motor Vehicles Act, claiming compensation of Rs.10,00,000.00 for the death of Suresh Yadav (hereinafter referred as "the deceased") in a motor accident that occurred on 9/9/2001. On 9/9/2001, the deceased along with other CRPF Constables travelled in a van bearing No. AP-31-T-4796 being driven by the 1st respondent, in the course of their employment for investigation purposes and when the vehicle reached near Maredumilli area, suddenly landmine arranged by the Naxalites blasted, as a result of which, the deceased died on the spot. A case in Crime No. 28 of 2001 was registered by Maredumilli Police Station for the offences punishable under Ss. 147, 148, 307 and 302/149 IPC and Ss. 3 and 5 of the Explosive Substances Act and Sec. 25 and 27 of the Indian Arms Act against unknown P.W.G. extremists. As on the date of death, the deceased was earning Rs.10,000.00 per month. Hence, the claim petition.

(3.) While the respondents 1 and 3 remained ex parte, the 2nd respondent filed counter denying the material allegations in the petition and contending that the 2nd respondent is not a necessary or proper party to the claim and that the 2nd respondent is not liable to pay compensation.