CHILUKURI PADMA Vs. N. SATHYANARAYANA

JUDGEMENT

(1.) This Motor Accidents Civil Miscellaneous Appeal is arising out of the order dated 05.10.2005 in O.P.No.123 of 2003 on the file of Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge at Nalgonda (for short "Tribunal").

(2.) The appellants herein are the legal heirs of deceased Chandramouli, who died in a motor vehicle accident on 20.11.2002. They filed O.P.No.123 of 2003 under Sec. 166 read with Sec. 163-A of the Motor Vehicles Act claiming compensation of Rs.4,00,000.00 on account of the death of Chandramouli.

(3.) The brief facts of the case are that while the deceased Chandramouli was travelling as a pillion rider on the scooter bearing No. AP13A 2011 being driven by his cousin, and when they reached near Maroor bus stage, due to the rash and negligent driving of the driver of the scooter, the scooter fell down, as a result of which, Chandramouli sustained injuries all over the body. Immediately, he was shifted to Hyderabad, but on the way to Hyderabad, he died. The Police, Nakrekal registered a case in Crime No.130/2002 under Sec. 304-A Penal Code against the driver of the said scooter i.e., respondent No.1 for his rash and negligent driving. At the time of accident, the deceased was aged about 30 years and was doing cloth business and earning Rs.6,000.00 per month. The legal heirs of the deceased, the wife, two daughters, father and mother have claimed compensation of Rs.4,00,000.00 on account of his death.