SYED PATIMNA BEE Vs. J. CHANDRA SEKHAR

JUDGEMENT

(1.) THE claimants, who are wife, two minor children and mother of the deceased by name Sayyed Jakir Hussain, aged about 26 years, filed this appeal, having been aggrieved by the Award of the learned Chairman of the Motor Accidents Claims Tribunal -cum -Principal District Judge, Kurnool, (for short, 'Tribunal') in M.V.O.P. No. 932 of 2005 dated 25.09.2006, awarding compensation of Rs. 1,86,100/ - with interest at 7.5% per annum as against the claim of the claimant of Rs. 3,00,000/ - in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act'). Heard Sri B. Siva Kesava Reddy, the learned counsel for the appellant and Ms. I. Mammu Vani learned standing counsel for the 2nd respondent -insurer. The 1st respondent owner of the crime auto bearing No. AP 21 V 7551 insured with 2nd respondent in which the deceased was traveling as passenger met with death, remained exparte before the Tribunal and not even served herein, the dismissal of O.P. against the 1st respondent is no way bar to the maintainability. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

(2.) THE contentions in the grounds of appeal as well as the oral submissions of the appellants -claimants, in nutshell are that the award of the Tribunal is contrary to law, weight of evidence, probabilities of the case and the quantum of compensation is utterly low, unjust in seeking to allow the appeal by granting compensation as prayed for. While the learned counsel for the 2nd respondent insurer who contended that the award of the Tribunal is just, hence sought for dismissal of the appeal.

(3.) THE fact that the accident was the result of rash and negligent driving of the driver of the crime vehicle insured with 2nd respondent as rightly concluded by the Tribunal, no way in dispute for the purpose of the appeal, but for the quantum impugned is low.