NARAYAN SINGH T Vs. SHAMEEM

JUDGEMENT

(1.) Claimants in O.P.957/89 on the file of the Motor Accidents Claims Tribunal- cum-Addl. Chief Judge, City Civil Court, Hyderabad, dissatisfied with the compensation awarded, preferred this appeal.

(2.) Facts necessary for disposal of this appeal briefly stated are these:- On 18-10-1989 at about4.30p.m.,BhuvaneshwarSingh (hereinafter referred to as the deceased) and his cousin Tulja Singh (P.W.2) were proceeding on a cycle. When they reached Dharul Salam near Ek Minar Masjid, the lorry APF1272, driven in a rash and negligent manner, dashed the cyclists resulting in the death of Bhuvaneshwar Singh and injuries to P.W.2. It was pleaded that the deceased, aged about 22 years, was working with Maruthi Plastics, Balanagar on a monthly remuneration of Rs.1,000/-. Parents of the deceased preferred the above claim for a total compensation of Rs.1,00,000/- from the owner and insurer of the lorry involved in the accident. The claim was resisted. The tribunal, after due enquiry, found that the accident was not caused due to rash and negligent driving of the lorry APF 1272 by its driver and consequently awarded a compensation of Rs.25,000/- under 'no fault liability'.

(3.) Mr.K. Subba Rao, learned Counsel for the appellants submits that there is abundant evidence to establish that the accident was caused due to rash and negligent driving of the lorry by ks driver and the Tribunal committed a grave error in its contrary finding and the compensation claimed is less than the just and reasonable compensation and requests for awarding the whole of the compensation amount claimed.