GIDDALURI KASTHURAMMA (DIED) Vs. K. SIVAPRAKASAM AND ANOTHER

JUDGEMENT

(1.) This Civil Miscellaneous Appeal, under Section 173 of the Motor Vehicles Act, 1988 (for brevity the Act), is preferred by the appellants/petitioners seeking enhancement of compensation challenging the order and decree dated 26.10.2005 in O.P.No.585 of 2003 passed by the Motor Vehicles Accident Claims Tribunal (Principal District Judge), Nellore (for brevity the Tribunal), awarding compensation of Rs.1,70,000/- with interest at 7.5% per annum as against the claim of Rs.4,00,000/- laid by them under Section 166 of the Act, for the death of the deceased Nagaraju in a motor accident that occurred on 27.05.2003.

(2.) The brief facts of the case are that the appellants are the petitioners, who filed O.P.No.585 of 2003 claiming compensation of Rs.4,00,000/- against respondent Nos.1 and 2, who are owner and insurer, respectively, of the offending Lorry, for the death of the deceased Nagaraju, aged 27 years, in a motor accident that occurred on 27.05.2003 at 2.10 a.m., stating that while the deceased was running a Hotel at Ananthavaram village, the driver of the lorry bearing No.NL.01/A-5843 drove it in a rash and negligent manner and dashed against the hotel, as a result of which, the deceased died instantaneously.

(3.) Before the Tribunal, respondent No.1 owner of the offending vehicle remained exparte and the 2nd respondent insurer alone contested the claim by filing counter denying its liability and contending that the quantum of compensation claimed is highly excessive and untenable.