ADIPUDI RAJYALAKSHMI Vs. CHEBROLU ANKAMMA RAO

JUDGEMENT

(1.) This appeal is preferred by the claimants being aggrieved by the award dated 04.11.2004 passed in MVOP No. 280 of 2000 by the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Guntur, whereby and whereunder the Tribunal awarded compensation of Rs.50,000/- out of the total claim of Rs.3,00,000/-.

(2.) The parties hereinafter will be referred to as they are arrayed before the Tribunal for the sake of convenience.

(3.) The brief facts of the case are as follows. On 20.06.1998 the deceased was proceeding as a pillion rider on the scooter of the first respondent bearing no.AP-7E-2148. When they reached near Pothuru the accident occurred. It is alleged that the driver of the Trolley bearing No. AAV 8485 parked the same along the left side of the road without any signal lights. Consequently the Scooter dashed against the Trolley. The deceased sustained injuries and died. The owner of the scooter respondent No.1 was admittedly driving the scooter at the time of accident. He lodged a complaint to the police Guntur Taluk, wherein a case in Crime No.169 of 1998 was registered against the Trolley driver. The police conducted inquest over the dead body of the deceased. The police filed final report holding that no case is made out against the scooter driver, however the police filed a case against the driver of the stationed trolley in STC No.241 of 1998 on the file of the Special Judicial Magistrate of II Class, Guntur. The driver of the trolley pleaded guilty and accordingly he was convicted.