DOSALI APPALANARASAMMA Vs. A.V. SWARNALATHA

JUDGEMENT

(1.) The petitioners in M.O.P. No.204 of 2000 on the file of the Motor Vehicles Accidents Claims Tribunal- cum- District Judge, Visakhapatnam assailing the impugned order dated 13th August,2003 filed this appeal seeking enhancement of compensation since they were awarded only Rs.1,20,360/- with proportionate costs and interest at 9% per annum from the date of the petition till realisation, though they claimed a total compensation of Rs.2,00,000/- for the death of deceased - Dosali Suri, who is husband of petitioner No.1 and father of petitioner Nos. 2 to 6.

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

(3.) The brief facts of the case that led to filing the present appeal are that the deceased was rickshaw puller and on 11.10.1997 at about 2.00 p.m., when he was proceeding with his rickshaw from Maddilapalem to Isukathota, a car bearing No. AP 31 5157 came from the opposite direction and dashed against the rickshaw, as a result, the deceased received grievous injuries and he was shifted to King George Hospital, Visakhapatnam, where he succumbed to the injuries. III Town Police registered a case in Crime No.132 of 1997. The deceased was aged 48 years at the time of the accident and was earning Rs.100/- to Rs.150/- per day. Respondent No.1 being the owner of the car and respondent No.2 being the insurer of it are jointly liable to pay compensation.