D.SAMPATH Vs. BIOLOGICAL E LIMITED

JUDGEMENT

(1.) MACMA.No.152 of 2017 is preferred by the claimants and MACMA.No.3361 of 2017 is preferred by the 2nd respondent/insurance company questioning the order of the Motor Accidents Claims Tribunal-cum-IX Additional Chief Judge, City Civil Court, at Hyderabad (for short, the Tribunal) in O.P.No.1898 of 2014 dated 07.09.2016.

(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 on 04.05.2014 at about 10.00 p.m., near Suryavamshi Spinning Mill Gate, opposite to Shubham Garden on Rajiv Rahadari, Aliabad X roads, Shamirpet, Ranga Reddy District. At the material time of the accident, the deceased-D. Ramulamma along with her husband Pentaiah were going by walk by the side of the road from Majeedpur towards Aliabad X roads side and when they reached near Suryavamshi Spinning Mill Gate, opposite to Shubham Garden, Aliabad X Roads and at that time the Mini Bus bearing No.AP-28-TD-1901, driven by its driver with high speed, rashly and negligently proceeding from Siddipet towards Hyderabad side and dashed the deceased. Due to the said impact, the deceased sustained fatal injuries and died on the spot. The accident occurred and the deceased died due to the rash and negligent driving of the driver of the Mini Bus bearing No.AP-28- TD-1901. The petitioners 1 and 2 are the sons, the 3rd petitioner is the daughter and the 4th petitioner is the husband of the deceased. All the petitioners are the legal heirs and complete dependents on the earnings of the deceased. The deceased- D.Ramulamma was aged about 40 years at the time of the accident and she was quite hale, young, healthy and energetic and was not having any bad habits. Prior to the accident, the deceased used to work as a Mason and earning a sum of Rs.10,000/- per month and used to contribute the same to the maintenance of her family. Hence, the petitioners filed the claim petition claiming compensation of Rs.15,00,000/-, payable by both the respondents, being owner and insurer of the offending mini bus.