SAFIA SULTHANA Vs. SUDHAKAR POLYMERS LIMITED

JUDGEMENT

(1.) This appeal is directed against the order dated 10-5-2002 in O.P.No. 1190 of 2000 on the file of the Chairman Motor Accidents Claims Tribunal-cum Prl. District Judge, Nalgonda wherein the claim of the appellants was allowed in part awarding compensation of Rs. 4,01,600/- with interest at 9% per annum from the date of the petition.

(2.) The appellants filed claim application before the Tribunal seeking compensation of Rs. 10,00,000/- on account of death of the deceased Sainad Razvi husband of the 1St claimant and father of claimants No. 2 to 5 who died in motor vehicle accident that occurred on 14-4-2000. According to the claimants on the fateful day of the accident the deceased and his friend were going for morning walk at Deverkonda-.Nalgonda Road and at that time a lorry bearing No. AP- 24-T-6675 F came from behind driven in rash and negligent manner and dashed against the deceased, as a result of which the deceased died on the spot. It is further pleaded that the deceased was aged 48 years, and was working as Senior Assistant in AMR' Project & Irrigation Wing Department, Nalgonda and earning Rs. 11,261/- per month.

(3.) 1st respondent owner of the lorry did not file any counter. 2nd respondent-insurer filed a counter before the Tribunal opposing claim denying the liability to pay the compensation.