THE DIVISIONAL MANAGER Vs. NOMULA UMA RANI

JUDGEMENT

(1.) SINCE the MACMA and the Cross Objections arise out of the award dated 02.12.2005 passed in MVOP No. 650 of 2003 by the III Motor Accidents Claims Tribunal, Warangal, they are being disposed of by this common judgment.

(2.) MACMA No. 1245 of 2006 is filed by the Oriental insurance Company Limited against the said award whereas the Cross Objections (SR) No. 27068 of 2006 is filed by the claimants seeking enhancement of compensation.

(3.) THE first claimant is the wife, the second claimant is the minor son and the third claimant is the mother of the deceased. Their case is that on 25.04.2003 the deceased went to see his newly born son at Chinapendyal village. From that village he was returning on his Bajaj Chetak Scooter bearing No. AP -36 -1238. When he reached Madikonda at about 10.00 PM it is alleged that the Jeep bearing No. ABJ 0008 (Green colour) being driven by its driver in a rash and negligent manner at high speed came in opposite direction and dashed against the Bajaj Chetak Scooter. As a result of which the deceased sustained grievous injuries. The driver of the jeep without stopping the jeep at the place of accident fled away with the jeep. PW.2 N. Malla Reddy who is the cousin of the deceased and who was also returning on another scooter behind the deceased has witnessed the accident. He shifted the deceased to Jaya Hospitals, Hanamkonda, however the deceased succumbed to injuries while undergoing treatment. The case of the claimants is that the deceased was working as Conductor in APSRTC and earning Rs. 4466/ - per month. They claimed compensation of Rs. 7,00,000/ -.