SHAIK MASTAN BI Vs. D SURYAPRAKASH RAO

JUDGEMENT

(1.) THIS appeal is filed and decree passed in M. V. O. P. No. 458 by the claimants assailing the judgment of 1997 dated 14. 5. 2001 on the file of the Chairman, Motor Accidents Claims tribunal-cum-Fourth Additional District judge, Guntur seeking enhancement of compensation.

(2.) THE facts of the case in brief are that in an accident, which occurred on 30. 3. 97 at about 1. 30 p. m. , the deceased Baji Vali along with one Kurra Venkateswarlu were going to Ponnur on a cycle and by the time they reached Patchala Tadiparru Bus Stand, suzuki motor cycle bearing No. ABG 6051 driven by the respondent No. 1 with high speed in a rash and negligent manner came from opposite direction and hit the cycle. As a result of which, both the deceased and the cyclist fell down and received injuries and the deceased died on the spot. The police registered a case in Crime No. 34 of 1997 against the driver of the motor cycle. Respondent Nos. 1, 3 and 4 remained ex pane. The dependants of the deceased claimed an amount of Rs. 1,50,000 as compensation against respondent Nos. 1 and 2 jointly and severally.

(3.) THE insurance company, respondent no. 2, filed counter denying the allegations made in the petition and also stated that the compensation claimed by the petitioners therein is excessive. Respondent No. 4 also filed counter pleading ignorance of the accident and further claimed that he sold away the vehicle to respondent No. 3 and at the time of accident, he was not the owner of the vehicle. He also stated that there is insurance coverage to the vehicle and insurance company, respondent No. 2 is responsible to discharge the liability.