ORIENTAL INSURANCE CO LTD Vs. GUNTUR SAMBRAJYAM

JUDGEMENT

(1.) This appeal is directed against the order dated 09.02.2001 in M.V.O.P.No.424 of 1998 on the file of the Motor Vehicles Accidents Claims Tribunal (III Additional District Judge), (for short "Tribunal), Guntur, wherein the claim of respondents 1 to 5 was allowed in part awarding compensation of Rs.3,20,200/- with interest at 12% per annum from the date of the petition.

(2.) Respondents 1 to 5 herein filed the claim application before the Tribunal seeking compensation of Rs.6,00,000/- on account of the death of the deceased- Gunturu Satish Kumar, who died in a motor vehicles accident that occurred on the intervening night of 11/12.03.1998. The first respondent is the wife. Respondents 2 and 3 are the sons and respondents 4 and 5 are the parents of the deceased-Gunturu Satish Kumar. According to them, on the intervening night of 11/12.03.1998, the deceased was proceeding in a lorry bearing No.A.I.W.3949 from Gurazala to Guntur, carrying rice bags and that on account of rash and negligent driving of the lorry by its driver, the vehicle dashed against a tree situate in the road margin resulting in the death of the deceased-Gunturu Satish Kumar. A case in Crime No.24 of 1998 under Sections 337 and 304-A IPC was registered by Medikonduru Police. It is further pleaded that the deceased was aged 35 years and working as a Process Server in the Principal Junior Civil Judge's Court, Gurazala and drawing a salary of Rs.3,500/- per month.

(3.) The sixth respondent herein, the owner of the vehicle, remained ex parte before the Tribunal.