K MATURA BAI Vs. A SHIVA NAGESWAR RAO

JUDGEMENT

(1.) Since all the three appeals arise out of one and the same judgment dated 7.7.1999 passed by the learned Chief Judge, City Civil Court, Hyderabad, in OP No.129 of 1996, they can be disposed of together.

(2.) The second respondent/Insurer is the appellant in C.M.A. No.3021/1999, the third respondent/APSRTC ('the Corporation' for brevity) is the appellant in C.M.A. No. 1069/2000 and the claimants are the appellants in C.M.A. No.2550/1999. The Insurer and the Corporation in the respective appeals are assailing the finding of the Tribunal below that the Respondents 1 to 3 are jointly and severally liable to pay the compensation. In addition thereto, the Corporation is assailing the quantum of compensation assessed by the Tribunal. The claimants are questioning the inadequaeyof the compensation.

(3.) The claimants filed O.P. No.129 of 1996 claiming a compensation of Rs.4 lakhs for the death of the husband of the first claimant and father of the Claimants 2 and 3 in a motor accident that occurred on 8.1.1996 at about 7.20 p.m., on account of the rash and negligent driving of the driver of the bus bearing No.AP-7T-2288 owned by the first respondent, insured with the second respondent and on hire with the third respondent; and that on account of the accident the deceased was run over and died on his way to Gandhi Hospital; and that on account of his death, the family suffered financially and mentally. According to the claimants, the deceased was working as a Welder in the Corporation and was earning Rs.5,000.00per month.