POTHALA SURYANARAYANA Vs. K.KRISHNA

JUDGEMENT

(1.) Challenge in this MACMA is to the award, dtd. 6/12/2008 in M.O.P.No.1469 of 2006, on the file of the Chairman, Motor Accidents Claims Tribunal-cum-District Judge, Visakhapatnam ("Tribunal" for short), whereunder the Tribunal dealing with a claim for compensation of Rs.8,00,000.00 made by the claimants on account of death of Pothala Hari Krishba (hereinafter will be referred to as "deceased". in a motor vehicle accident, which was occurred on 30/4/2006, awarded a sum of Rs.3,75,000.00.

(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 claimants, in brief, according to the averments set out in the claim before the Tribunal, is that the deceased was studying medicine in GSL Medical College, Rajahmundry. He was aged about 19 years as on the date of accident. On 30/4/2006 the deceased was going on motorcycle bearing No.A.P.31-AK-6933, near poultry farm at Velama Kothuru Village of Tuni Mandal. At about 6-30 a.m., the driver of the tractor-trailer bearing No.A.P.05-AD-9710 and A.P.05-Y-3936 (hereinafter will be referred to as "offending vehicle". drove in a rash and negligent manner and dashed the motorcycle, as a result, the deceased received injuries and died. The claimants are the parents of the deceased. They have no other children. The deceased has got bright future. His death caused lot of agony and sufferance to the claimants. The first respondent is owner and the second respondent is insurer of the offending vehicle. They are jointly and severally liable to pay the compensation.