JITTA BIKSHAPATHI Vs. R VENKAT REDDY

JUDGEMENT

(1.) Since both these appeals arise out of the same accident, they are being disposed of by this common judgment. The Award dated 17.03.2006 passed in O.P. No. 200 of 2004 on the file of the Motor Accidents Claims Tribunal-cum-Additional Metropolitan Sessions Judge for the Trial of Jubilee Hills Car Bomb Blast Case-cum-Additional Family Court-cum-XXIII Additional Chief Judge, Nampally, at Hyderabad, is under challenge in these appeals. The claimants are seeking enhancement of compensation in their appeal M.A.C.M.A. No. 1544 of 2006 and the insurance company is challenging its liability in its appeal M.A.C.M.A. No. 1614 of 2006.

(2.) Parties will be referred to as arrayed in the Tribunal for the sake of convenience.

(3.) The claimants are parents of the deceased Upender @ Uppalaiah. On 19.10.2003 at about 10.00 p.m. the deceased and his friend Mysaiah were proceeding on scooter bearing No. AP 28 F 1889. The deceased was driving the scooter. A lorry bearing No. ADF 9329 was parked in middle of the road without parking lights and signals and without keeping any stones. The deceased could not observe the said lorry and dashed back portion of the lorry and consequently the deceased sustained head injuries and died on the spot. Police, on the complaint of the driver of the lorry, registered a case in Crime No. 115 of 2003 for the offences under Sections 337 and 304A IPC. The claimants contended that the deceased was working as a labourer and earning Rs. 3,000/- per month and claimed a total compensation of '3.00 lakhs.