BHOGIREDDI VARALAKSHMI Vs. MANI MUTHUPANDI

JUDGEMENT

(1.) AGGRIEVED by the Award dated 22.10.2008 in M.V.O.P.No.330 of 2006 passed by the Chairman, MACTcum -Principal District Judge, East Godavari District, Rajahmundry (for short "the Tribunal"), the claimants preferred the instant MACMA.

(2.) A ) On factual side, on 27.02.2006 at about 11.00 pm, when the deceased Bhogireddi Narasimha Satyanarayana Murthy who was working as Special Assistant, State Bank of India, Rajahmundry, was going on his scooter bearing No.ABP 9456, a lorry bearing No. TN 28 J 9978 proceeding from Lalacheruvu to Vemagiri being driven by its driver in a rash and negligent manner and high speed and at Morampudi junction it dashed the scooterist who received severe injuries and died on the spot. It is averred that the accident was occurred due to the fault of the driver of the offending lorry. On these pleas, the claimants filed M.V.O.P.No.330 of 2006 under Section 166 of Motor Vehicles Act,1988 (for short "MV Act") against respondents 1 and 2, who are the driver and owner and respondent No.3, who is the insurer of the offending lorry and claimed Rs.25,00,000/ - as compensation.

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