REPAKA RAJYA LAXMI Vs. POLDASARI KOMURAIAH

JUDGEMENT

(1.) THESE two civil miscellaneous appeals are directed against the judgment dated 25. 07. 2003 passed in O. P. No. 549 of 2001 on the file of III Chairman, Motor Vehicle Accident claims Tribunal-cum-lll Additional District judge, Karimnagar, whereby and whereunder the learned Tribunal partly allowed the petition filed by the claimants under section 166 (1) (c) of the Motor Vehicles act, 1988 (for short, 'the Act') and awarded compensation of Rs. 10,83,0007- with interest @ 9% per annum from the date of the petition till the date of realisation.

(2.) BACKGROUND facts in a nutshell leading to filing of these two civil miscellaneous appeals are: Repaka Prasad Rao was an assistant Engineer in A. P. TRANSCO drawing a salary of Rs. 17,106/- per month. On 04. 11. 1999 at about 8. 00 p. m. he was (riding a scooterf rom Pothkapalli to Peddapalli. Poldasari Komuraiah parked tractor/trailor bearing Nos. AP 15 T 8392/8393 in the outskirts of Rangampalli on the middle of the road without any indications such as putting on parking lights. The Scooterist-Repaka prasad Rao could not notice the stationed tractor/trailor and thereby dashed the trailer from behind and fell down and sustained injuries all over his body. The driver of the tractor/trailor Poldasari Komuraiah shifted the Scooterist to Government Hospital, peddapalli and from there to Karimnagar hospital. As the condition of the Scooterist found to be serious, he was taken to Medwin hospitals, Hyderabad. While undergoing treatment, the Scooterist (hereinafter referred to as 'the deceased') succumbed to his injuries on 09. 11. 1999. A report came to be presented before thepeddapalli Police Station regarding the accident. Based on the report, a case in crime No. 164 of 1999 for the offence under section 304-AIPC against driver of the tractor/ trailer came to be registered. After due investigation, the Station House Officer, peddapalli P. S. presented a charge-sheet before the concerned Court. Repaka Rajya laxmi, Repaka Pavan Kumar and Repaka madhukar, who are wife and children of the deceased, presented a claim petition before the Motor Vehicle Accident Claims Tribunal-cum-III additional District Judge, Karimnagar claiming compensation of Rs. 14,00,000/ -. According to them, the deceased was aged 52 years and was earning Rs. 17,106/- per month as on the date of accident and he was the only earning member in the family. The claim petition was filed against the driver-Poldasari Komuraiah, the owner-Md. Ahmed ali and the insurer-The United India Insurance Company Limited.

(3.) PENDING the claim petition, the owner-Md. Ahmed Ali died and his legal representatives viz. , Md. Kaleem Ahmed, md. Saleem Ahmed, Md. Zaheer Ahmed and mujeebunnisa Begum came on record as respondents 4 to 7 in the claim petition. The driver and the legal representatives of the owner filed a common counter and whereas the insurer filed a separate counter. The drivertook the plea that he parked the tractor/ trailer on the road side and that the deceased drove the scooter in a rash and negligent manner and dashed the trailer and thereby sustained injuries for which he succumbed while undergoing treatment in the hospital.