BIJILI ODAMMA Vs. A DHARMAPURI

JUDGEMENT

(1.) This appeal is filed by the claimants aggrieved by the judgment and decree dated 9-3-1993 in O.P.No. 307/1989 on the file of the Motor Accidents Claims Tribunal (District Judge), Karimnagar, awarding an amount of Rs.1,20,000/- by way of compensation for the untimely death of the deceased Bijili Odelu, working as a Coal Filler in Singareni Collieries Company Limited, in a motor accident that occurred on 3-5-1989. At the time of the accident the deceased was travelling on a scooter bearing No. DIH 7230. When he reached Raghavarao Society Chowrastha in Godavarikhani at 12.15 p.m. the first respondent drove the motor cycle bearing No. APH 2844 in a rash and negligent manner with high speed and dashed the scooter of the deceased causing him injuries. Bijili Odelu was admitted in the Area Hospital of Singareni Collieries Company at Godavarikhani where he succumbed to the injuries. A case in Cr.No. 90/89 was registered by the Police, Godavarikhani I Town. The deceased was aged 32 years and earning Rs. 2,000/- per month at the time of accident. Therefore, the petitioners claimed Rs. 1,20,000/- by way of compensation. After considering the oral and documentary evidence, the Tribunal has held that the accident occurred due to the rash and negligent driving of the motor cycle by the first respondent and awarded an amount of Rs. 1,20,000/-, though the Tribunal held that the petitioners are entitled for compensation of Rs. 2,34,600/-. The Tribunal has restricted the compensation amount to Rs. 1,20,000/- as the claimants claimed the same amount. Aggrieved by the same, the appellants herein filed the present appeal for enhancement of compensation.

(2.) Heard the learned Counsel for the appellants as well as the learned Counsel for the respondents.

(3.) The learned Counsel for the appellants contended that the Tribunal should have awarded Rs. 2,34,600/- by way of compensation as held by the Tribunal. The above said contention cannot be accepted on the ground that in similar circumstances the Supreme Court in Adikonda Sethi (dead) through L.Rs. and another vs. Palani Swamy Saram Transport and another held that the compensation amount has to be restricted to the amount claimed by the petitioners, though they are entitled for excess amount of compensation. Following the above said judgment the learned single Judge of this Court in Oriental Insurance Company Limited vs. Suthari Lingaiah and others restricted the compensation amount to amount claimed by the petitioners. Therefore, in view of the settled law, I am not inclined to accept the contention of the learned Counsel for the appellants.