NEW INDIA ASSURANCE CO LTD Vs. NANEPALLI SWAMYNAIDU

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the New India Assurance Company Limited under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') aggrieved by the award of the Motor Accidents Claims Tribunal- cum-the Court of III Additional District Judge, Visakhapatnam (for short 'the Tribunal below') dated/-4-2004 passed in M.O.P.No.1096of 2003. The parties herein are referred to as arrayed before the Tribunal below.

(2.) The petitioners-claimants filed claim petition before the Tribunal below under Section 166 of the Act read with Rule 455 of A.P. Motor Vehicles Rules, 1989, claiming compensation of Rs.1,60,000/- on account of death of Smt. Nanepalli Atchayyamma in a motor vehicle accident, which took place on 13-10-2002 at Godicherla Junction, Nakkapalli Mandal of Visakhapatnam District.

(3.) As averred in the claim petition, it was the case of claimants that on 13-10-2002 at about 6-30 p.m. when the deceased was standing on the left side of the road at Godicherla Junction in order to board a bus, Van bearing registration No.AP 31U-1378 was driven by its driver in a rash and negligent manner and dashed to the deceased. In the said accident, the deceased sustained grievous injures and succumbed to the injuries while undergoing treatment in the Government Hospital, Yelamanchili. It was the case of claimants that the deceased was earning member in the family and in view of sudden death of the deceased, they lost dependency. Compensation was claimed on account of loss of dependency, loss of estate etc.