YERRA SEETHAMMA Vs. G BHASKAR

JUDGEMENT

(1.) Dissatisfied with the compensation awarded to them, in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (the Act), the widow, children and parents of Nageswara Rao (the deceased) preferred this appeal.

(2.) The case of the appellants is that when the deceased was proceeding on a motor cycle, as a pillion rider, a vehicle belonging to the first respondent, insured with the second respondent, being driven in a rash and negligent manner, dashed against that motor cycle resulting in his death. As the deceased was earning Rs.2,500/- per month as photographer and agriculturist, they are entitled to Rs.4,00,000/- as compensation from the respondents. First respondent chose to remain ex parte both before the Tribunal and in this Court. Second respondent contested the claim petition on various grounds. Having held that the accident occurred due to the rash and negligent driving of the driver of the vehicle belonging to the first respondent, the Tribunal awarded Rs.2,21,000/- as compensation to the appellants.

(3.) Since this is an appeal by the claimants seeking higher compensation than that was awarded to them, and since the finding of the Tribunal that the accident occurred due to the rash and negligent driving of the driver of the vehicle belonging to the first respondent has become final, the only point for consideration is To what compensation are the appellants entitled to ?