UTLA BRAHMARAMBHA Vs. BRUNDA SATYANARAYANA

JUDGEMENT

(1.) As the point involved in these two appeals is common, this Court disposed of these two appeals by this common judgment with the consent of the learned counsel appearing on either side.

(2.) Heard the learned counsel appearing on either side.

(3.) The unfortunate children of late Utla Mahalakshmi and Rama Linga Kota Mallikarjuna Rao are the appellants herein, .who were declared as majors in C.M.P. No. 13231 of 2003. The facts that led to filing of these appeals are; that their parents by name Utla Mahalakshmi and Rama Linga Kota Mallikharjuna Rao (hereinafter referred to as the deceased Nos. 1 and 2) met with an accident on 31-10-1989 at about 6.30 a.m., while they were going on a scooter bearing No. ADP 8753 from Rajahmundry to Machilipatnam to see the aged parents of the 2nd deceased. On their way, after having Darshan of a Durga near Durgamba temple and were proceeding towards Duddukuru, the vehicle bearing No. AHW 456 - an oil tanker driven by the first respondent in a rash and negligent manner dashed against the scooter and dragged the scooter and the deceased to a distance of about 50 feet and stopped there. Consequently, the deceased died on the spot and the scooter was completely damaged and on account of the said accident, the appellants herein filed O.P.No. 23 of 1990 claiming a total compensation of Rs. 2 lakhs for the death of their mother Mahalakshmi (1st deceased) and O.P.No. 24 of 1990 for the death of their father Utla Rama Linga Kota Mallikharjuna Rao (2nd deceased) claiming a total compensation of Rs. 5 lakhs. The court-below on appraisal of the evidence, has awarded the total compensation of Rs. 1,50,000/- as against the claim of Rs. 5 lakhs for the death of the 2nd deceased and Rs. 92,000/- as against the claim of Rs. 2 lakhs for the death of the 1st deceased. Not satisfied with the quantum, these two appeals are filed by the children of the deceased (appellants herein).