N SURENDER RAO Vs. B SWAMY

JUDGEMENT

(1.) Dissatisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal-cum-I Additional Metropolitan Sessions Judge-cum-XV Additional Chief Judge, Hyderabad, in O.P. No. 2076 of 2009, dated 29.10.2012, the present Appeal is preferred by the appellants-claimants, under Section 173 of the Motor Vehicles Act, (For short, 'the Act), seeking enhancement of compensation to Rs. 25,00,00/- as claimed before the Tribunal in O.P. No. 2076 of 2009. The appellants herein were the petitioners and the respondents herein were the respondents before the Tribunal in O.P. No. 2076 of 2009. For the sake of convenience, the parties hereinafter will be referred to as appellants and respondents.

(2.) The appellants filed the claim petition before the Tribunal under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs. 25,00,000/- under various heads, for untimely death of N. Abinav, who happened to be son of first and second appellants and brother of third appellant, in a road accident that occurred on 29.03.2008 at about 11:30 p.m. while the deceased Abinav was returning after attending his college annual day celebrations on his Honda Activa motor cycle bearing No. AP-13-G-7343 slowly on the left side of the road and when he reached near Jeedimetla bus stop, one Endeavor Car bearing No. AP-29Q-0009 proceeding towards Hyderabad from Medchal, being driven in a rash and negligent manner, hit the motorcycle of the deceased Abinav, due to which he fell down and sustained grievous injuries all over his body, succumbed to the injuries while shifting to Balaji Hospital, Hyderabad. The deceased Abinav was aged 19 years, hale and healthy studying III Year B. Tech., and on account of untimely death of Abinav, the appellants being the parents and sister lost their future dependency.

(3.) The accident occurred due to rash and negligent act of the driver of Endeavor Car bearing No. AP-29Q-0009. The first respondent being the owner and the second respondent being the insurer of the Endeavor car are jointly and severally liable to pay the compensation. Hence, the claim of Rs. 25,00,000/-.