A VIJAYA Vs. VEGURLA RAJAIAH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the judgment dated 31 -3-1997 passed in O.P.No.257 of 1996 on the file of Motor Vehicle Accidents Claims Tribunal-cum- III Additional District and Sessions Judge, Karimnagar, whereby the learned Tribunal allowed the petition filed by the claimants under Section 166(1)(c) of Motor Vehicles Act, 1988 (for short Act) and awarded compensation of Rs. 9,86,799/- with interest @ 12 per cent from the date of petition till the date of realization.

(2.) The appellants are claimants in O.P.No.257 of 1996. They put in a claim of Rs.15.0 lakhs as compensation for the loss of life of Ganga Rao in a road accident occurred on 22-3-1996. R-1 is driver, R-2 is owner and R-3 is the insurer of the tractor bearing No.AP 15 T 8074 involved in the accident. The appellants/claimants filed C.M.P.No.24576 of 1999 under Order 6 Rule 17 CPC whereby sought for enhancement of their claim from Rs.15.00 lakhs to Rs.30.00 lakhs. They also filed C. M. P.No.25575 of 1999 to declare appellant No.3 as major and discharge her mother as a guardian. Both the applications came to be allowed on 18-12-1999. The appellants/ claimants paid requisite court fee on the enhancement amount sought for.

(3.) The factual matrix of the case leading to filing of this Civil Miscellaneous Appeal by the claimants is: Claimant No.1 is wife, claimant No.2 is son and claimant No.3 is daughter and claimant No.4 is father of Ganga Rao. Claimant No.4-Raghupathi Rao died pending the appeal. Ganga Rao was a Branch Manager, State Bank of Hyderabad, Sultanabad Branch. He joined in bank service as a clerk on 30-9-1969. He was promoted as J.M.I. on 24-3-1980, M.M.G.S-II on 1-8-1988 and M.M.G.S.-III on 1-12-1994. On 22-3-1996 at about 8 P.M. he along with his two colleagues namely P.W.3-G. Dhanunjaya and P.W.4-J. Srinivas Rao left the Bank to go to Karimnagar by bus. When they reached P.W.D. road near the bus station, a tractor driven by R-1 came in high speed and in a rash and negligent manner and dashed Ganga Rao. As a result he fell down and sustained serious injuries on his head and legs. He was shifted to District Headquarters hospital at Karimnager. A case in Crime No.32/96 under Section 337 IPC came to be registered against R-1 for his rash and negligent driving. Ganga Rao succumbed to injuries on the same day while undergoing treatment in the hospital and consequently the section of law came to be altered from Sec.337 IPC to 304-A, IPC. Ganga Rao was aged 49 years (49 years 10 months and 25 days) at the time of his death and was drawing a monthly salary of Rs.14,500/-. According to the claimants, though they are entitled for compensation of more than Rs.25.00 lakhs, they restricted their claim to Rs.15.00 lakhs on all counts. R-1 being the driver, R-2 being the owner and R-3 being the insurer of the crime vehicle are liable to pay the compensationjointly and severally.