JAYAVARAPU RAMESH BABU Vs. JAYAVARAPU LAXMINARAYANA

JUDGEMENT

(1.) THE claimants in O. P. No. 140 of 1995 and o. P. No. 387 of 1995 on the file of the Motor accidents Claims Tribunal-cum-Additional district Judge, Ongole filed the appeals respectively against the awards, dated 08-09-2000 and 03-08-2001 dismissing their claim petitions.

(2.) THE appellants' case is that jayavarapu Subrahmanyam and Jayavarapu narayanamma are the parents of petitioners 2 and 3 in O. P. No. 387 of 1995/petitioners in o. P. No. 140 of 1995, while the 1st petitioner in O. P. No. 387 of 1995 is the mother of jayavarapu Subrahmanyam. Jayavarapu laxminarayana, another son of subrahmanyam and Narayanamma, is the owner of the car AP27 4622 insured with the United India Insurance Company Limited. On 16-03-1995 Jayavarapu Laxminarayana along with his parents and others was going in his car towards Nellore and near singarayakonda, lorry No. AEE 4477 owned by the 3rd respondent and insured with the 4th respondent in both the petitions allegedly stopped suddenly due to application of brakes by the driver and the car dashed the back side of the lorry. Narayanamma and another died on the spot, while others received injuries and Subrahmanyam treated at Government hospital and then at vijaya hospital, Madras, died after about 13 days of treatment with an expenditure of Rs. 1,00,000/ -. Narayanamma aged 44 years was earning Rs. 8,000/- per month from finance business and was an income tax assessee. Subrahmanyam, working in telecom Department, was on a monthly salary of Rs. 4,500/- and allowances. Hence, the claim petitions for compensation of Rs. 2,00,000/- and Rs. 5,00,000/-respectively.

(3.) THE owners of the car and the lorry remained ex parte before the Tribunal, while the insurers contested the claims.