KUNDARAM BALACHARY Vs. BHABUKHAN

JUDGEMENT

(1.) AGGRIEVED by the Award dated 10.03.2010 in O.P.No.301 of 2007 passed by the Chairman, M.A.C.T -cumXX Additional Chief Judge, City Criminal Court at Hyderabad (for short "Tribunal"), the claimants preferred the instant MACMA.

(2.) ON factual side, on 04.08.2007 at about 11.40 am the deceased K.Bhargavi while proceeding to her house from the school and reached near Rustapur Z.P.H.S School, a lorry bearing No.MPO 9HF 2496, which was driven by its driver in a rash and negligent manner and at high speed dashed the deceased girl. Due to which, she received multiple injuries and thereafter she was shifted to Government Hospital, Bhongir, where she succumbed to injuries. It is averred that the accident was occurred due to the rash and negligent driving by the driver of the crime vehicle. On these pleas, the claimants, who are father and mother respectively, filed O.P.No.301 of 2007 under Section 166 of Motor Vehicles Act, 1988 (for short "the Act") against respondents 1 and 2, who are the owner and insurer of the crime vehicle and claimed Rs.2,50,000/ - as compensation.

(3.) THE parties in the appeal are referred as they stood before the Tribunal.