MD MOHAMMADI MOHAMMADI BEGUM Vs. BALAJI ELECTRICALS

JUDGEMENT

(1.) This appeal is filed by the appellants-claimants aggrieved by the Order and Decree dated 25.01.2017 passed in M.V.O.P.No.1087 of 2014 by the Motor Accident Claims Tribunal-cum-XIII Additional Chief Judge (FTC), City Civil Court, Hyderabad (for short, the Tribunal).

(2.) The brief facts of the case are that appellant No.1 is the wife, appellant Nos.2 to 4 are the sons, appellant No.5 is the daughter and appellant Nos.6 and 7 are the parents of the deceased, Shaik Azimuddin. On 27.01.2014 at about 1.00 pm., while the deceased was proceeding from Kothapet Fruit Market to Saroornagar, one JCB bearing No.29P 0267 came at high speed in a rash and negligent manner and dashed the deceased. In the said accident, the deceased sustained bleeding injuries and died while undergoing treatment. The claimants filed aforesaid MVOP claiming compensation of Rs.26,00,000/- against respondent Nos.1 and 2, owner and insurer of the JCB, for the death of the deceased.

(3.) Before the Tribunal, the owner of JCB remained ex parte. The insurance company filed its counter denying the averments of the claim petition and contended that the amount claimed is excessive and prayed to dismiss the claim petition.