UPPALA NARASAMMA Vs. MD TAJUDDIN

JUDGEMENT

(1.) This appeal is filed by the appellants-claimants aggrieved by the Award and Decree dated 22.06.2010 in M.V.O.P.No.473 of 2005 passed by the Motor Accident Claims Tribunal-cum-IAdditional District Judge, Warangal (for short, the Tribunal).

(2.) The brief facts of the case are that appellant No.1 is the wife and appellant Nos.2 and 3 are the minor children of the deceased, Uppala Yellaiah. On 24.10.2004 the deceased and appellant No.1 attended the funeral ceremony of their relative and when they were returning to Palakurthy by boarding an auto rickshaw bearing No.AP36W 0264 at about 7.000 PM., and reached the outskirts of Kolukonda village, Devuruppula Mandal, another auto bearing No.AP36V 9889 driven by its driver, came in a rash and negligent manner with high speed in opposite direction and dashed against the augo bearing No.AP36W 0264. Due to which, the deceased fell down from the auto and sustained severe injuries and died while undergoing treatment on 26.10.2004. The claimants filed aforesaid MVOP claiming compensation of Rs.5,25,000/- against respondent No.1-driver-cum-owner, Respondent No.2 insurer of the offending auto, respondent No.3 driver of the auto in which the deceased was traveling at the time of accident, respondent No.4 owner, respondent No.5 insurer of the auto and respondent No.6 representative of respondent No.5, for the death of the deceased.

(3.) Before the Tribunal, respondent Nos.1, 3 to 5 remained ex parte. Respondent No.2 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.