UPPALA MURLIDHAR RAO Vs. K BALAKRISHNA REDDY

JUDGEMENT

(1.) THIS appeal is filed by the appellant/respondent No. 1 against the award, dated 4. 1. 2007, in O. P. No. 1141 of 2001, on the file of the Chairman, Motor accidents Claims Tribunal-cum-II Additional metropolitan Sessions Judge-cum-XVI additional Chief Judge, Hyderabad.

(2.) THE brief facts of the case are as follows: the wife, minor children and parents of the deceased, filed a claim petition on the death of one G. Satyanarayana, claiming compensation of Rs. 4,00,000/- for the death of the deceased, who died in a motor accident that was occurred on 17. 2. 2001 at about 9. 00 a. m. , when the deceased was proceeding towards Anantharam from hyderabad side on his scooter slowly on the extreme left side of the road and on reaching the outskirts of Rayageeri village, Nalgonda District, said to have been caused by the rash and negligent driving of the Ambassador Car bearing No. AP 23 B 6478 driven by its driver with high speed and dashed from back side against the scooter of the deceased. Due to the sudden impact, the deceased received fatal injuries and died on the spot. The Bhongir police registered a case in Cr. No. 17 of 2001 under section 304 (A) IPC. The deceased was aged about 27 years as on the date of accident and he was running a kirana and general stores and he was also a milk vendor and used to earn Rs. 4,000/- per month and was contributing all his earnings for the maintenance of the petitioners.

(3.) FIRST respondent/appellant herein resisted the claim petition by filing a counter denying all the allegations mentioned in the petition and contended that he has already sold away the offending car to the second respondent and prayed to dismiss the petition against him.