K VASANTHA Vs. MOHAMMED MAQSOOD

JUDGEMENT

(1.) This appeal is filed by the appellants-claimants aggrieved by the Order and Decree dated 23.06.2016 passed in M.V.O.P.No.959 of 2013 by the Motor Vehicle Accidents Claims Tribunal-cum-X Additional Chief Judge, City Civil Court, at Hyderabad (for short, the Tribunal).

(2.) For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the Tribunal in the original petition.

(3.) The brief facts of the case are that the 1st petitioner is wife, petitioners 2 and 3 are the father and mother, 4th petitioner is the minor daughter of the deceased-K.Vijay Kumar. On 21.03.2013 at about 4.45 p.m., the deceased and his friend were returning on their motorcycle bearing No.AP 10UN T/R 9768 from Mamboji Pally to Medak. In front of petrol bunk on BT Road leading to Medak to Narsapur, the driver of the motor cycle i.e., his friend Md. Maqsood drove the vehicle in high speed and suddenly applied disc breaks without observing unknown auto and fell down on the road. As a result, the deceased hit to the grill in front of the petrol bunk and received head injuries. Immediately, he was taken to Government Area Hospital, Medak, and later shifted to Gandhi Hospital, Secunderabad. While undergoing treatment, he died on 22.03.2013. At the time of accident, the deceased was aged about 28 years, he was a driver and was earning Rs.10,000/- per month. Due to the accident, the petitioners are deprived of the earnings of the deceased. Hence, the petitioners filed the claim petition claiming compensation of Rs.10,00,000/-, payable by both the respondents, being the owner and insurer of the offending motorcycle.