M. VIJAYALAXMI DEVI Vs. A.M. NAVEEN

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 ('the Act' for brevity) assailing the award dated 30.11.2004 in MVOP. No.483 of 2003 on the file of the learned Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, Kurnool, ('the Tribunal', for brevity), is filed by the claimants, who are not satisfied with the quantum of compensation awarded by the Tribunal.

(2.) I have heard the submissions of the learned counsel for the appellants/claimants ('the claimants', for brevity) and the learned counsel for the second respondent/insurance company ('the insurance company', for brevity). None appeared for the first respondent. It is represented that the first respondent owner of the vehicle involved in the accident is not a necessary party in view of the Division Bench decision of this Court in Meka Chakra Rao Vs. Yelubandi Babu Rao @ Reddemma and others, 2001 (1) ALT 495.

(3.) The facts that lead to the filing of the present appeal by the claimants may be stated, in brief, as follows: - The first claimant is the wife, the claimants 2 and 3 are the parents and the claimants 4 and 5 are the minor children of the deceased, A. Kantha Rao. The said claimants are aged about 22, 60, 52, 4 and 2 years respectively as on the date the claim petition was filed claiming compensation for the loss sustained by them owing to the untimely death of the said deceased due to his involvement in the pleaded motor vehicle accident, which had occurred on 11.07.2003 at about 5.45 AM on the National Highway 18 at a Culvert - after crossing the Battuluru Village, as a result of the rash and negligent driving of the tourist bus bearing registration no.KA-02-C-0566, by its driver. Though the insurance company had inter alia contended that the accident had not taken place in the manner pleaded by the claimants, the Tribunal, after considering the evidence of PW2, an eye witness to the accident, and the contents of the certified copies of the FIR, the inquest report and the Post Mortem Examination report of the deceased, the exhibits A1, A2 and A5, had recorded a finding on issue no.1 that the pleaded accident resulting in the death of the deceased had occurred on account of the rash and negligent driving of the aforementioned tourist bus, by its driver. The claimants claimed a total compensation of Rs.16,50,000.00 and by the award impugned, the Tribunal had awarded compensation of Rs.9,43,080.00 with interest at 9% per annum simple from the date of the petition till the date of realization. Dissatisfied with the quantum of compensation awarded, the claimants had preferred this appeal. The insurance company did not prefer any appeal or cross appeal as per the submissions made at the hearing.