P V SUBBA RAO Vs. SUNKARI VARAHAIAMMA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal, under Section 173 of the Motor Vehicles Act. 1988 (for short 'the Act'), is filed by the Appellants, aggrieved by the award of the Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Visakhapatnam, passed in M.O.P. No.679 of 2001, dated 29-/-2004.

(2.) The said claim petition was filed by the claimants under Section 166 of the Act claiming compensation of Rs.2,00,000/- on account of death of the deceased, who was their son and who died in a motor accident, which took place on 1 -6-2000. As averred in the claim petition, it was their case that the deceased was a diploma holder in electrical and he was working as a Supervisor with the 1st appellant herein. It is stated that on the date of the accident the deceased was travelling as a pillion rider on scooter, which was driven by the 2nd appellant herein. When they were proceeding near Ramabadrapuram, the Scooter met with an accident, the deceased fell down from the Scooter and received serious injuries. Immediately the deceased was admitted to a private hospital by name Seven Hills Hospital at Visakahapatnam, and subsequently the deceased succumbed to injuries while undergoing treatment in the hospital. The claim was made on the ground that due to untimely and sudden demise of the deceased, the parents lost dependency.

(3.) The appellants herein resisted the claim before the Tribunal below and while denying the allegations of the claimants, it was the case of the appellants herein that the deceased himself drove the vehicle on the date of the accident and on his own negligence the Scooter met with an accident and he suffered severe injuries. Precisely it was the case of the appellants that as the accident was occurred due to negligence on the part of the deceased, they are not liable to pay compensation.