K.LAKSHMI KANTHA, W/O LATE K.KAMALAPATHY Vs. S. KARUNA, S/O SRI SREENIVASULU NAIDU / ORIENTAL INSURNCE COMPANY

JUDGEMENT

(1.) Challenge in this MACMA is to the award, dtd. 18/2/2002 in M.V.O.P.No.186 of 2000, on the file of the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Chittoor ("Tribunal" for short), whereunder the Tribunal dealing with a claim for compensation of Rs.5,00,000.00 made by the petitioners on account of death of K. Kamalapathy (hereinafter will be referred to as "deceased") in a motor vehicle accident, which was occurred on 28/10/1995, awarded a sum of Rs.2,53,400.00.

(2.) The parties to this MACMA will hereinafter be referred to as described before the Tribunal for the sake of convenience.

(3.) The case of the petitioners, who laid a claim under "no fault liability" under Sec. 163-A of Motor Vehicles Act,1988, before the tribunal is that they are the legal heirs of the deceased. First petitioner is wife and petitioners 2 to 4 are minor children of the deceased. K. Kamalapathy (deceased), driver of the lorry bearing No.A.P.02-T-1944 (hereinafter will be referred to as "offending vehicle") was driving the said lorry. On 28/10/1995 he was moving from Hyderabad to Chittoor in the offending lorry and at about 4-00 a.m., it was proceeding on NH.7-4 kilometres away from Rangapuram village, near culvert 160/1, Pebberu Mandal. He found a car coming in the opposite direction in a rash and negligent manner in high speed without answering dim and dip signals. As the opposite vehicle was coming in high speed rashly and negligently and in order to avoid head collision with the car, the deceased turned his vehicle to its extreme left side of the road and avoided a major accident saving number of lives. In the course of major accident, lorry turned turtled and fell into a pit on the left side of the road. He received serious injuries and died on the spot. Police registered a case in Crime No.151 of 1995 under Ss. 304-A and 337 of the Indian Penal Code. The deceased was earning monthly wages of Rs.3,500.00 i.e., salary of Rs.1,500.00 and special allowances of Rs.100.00 per day. The first petitioner lost her consortium at the age of 28 years. The lorry of the first respondent was validly insured with the second respondent. Hence, the claim of compensation for a sum of Rs.5,00,000.00.