R VENKATESHWARA RAO Vs. T USHA RAVI

JUDGEMENT

(1.) These two Civil Miscellaneous Appeals are filed against the order passed in O.P. No.593 of 1990 on the file of the Motor Accidents Claims Tribunal-cum- District Judge, Visakhapatnam (for short "the MACT").

(2.) C.M.A. No.1385 of 1993 is filed by the claimants in O.P.No.593 of 1990; whereas C.M.A. No.792 of 1993 is filed by the second and third respondents in O.P. No.593 of 1990.

(3.) The facts, in brief, are that tine deceased Tangappan Ravi, an employee of Indian Navy stationed at Visakhapatnam, met with a motor accident on 4-8-1990 at about 6-30 p.m., near Punjabi Hotel, Sainagar, Visakhapatnam. It is stated that while he was going on his motor cycle, in the opposite direction, lorry bearing No.AHQ 5538 coming in high speed, dashed the motor cycle being driven by the deceased as a result of which the deceased sustained injuries and died on the spot. One Vasudevan Pradeep Kumar, P.W.8 and others shifted the deceased to the Government Hospital, Visakhapatnam, where he was declared dead. A claim was made by the dependants of the deceased viz., his wife who is aged about 29 years, his minor daughter and old parents who are claimant Nos. 1,2,3 and 4 respectively. The claimants made a total claim of Rs.10,00,000/- on various counts. However, the MACT awarded compensation of Rs.4,37,800/-.