LAWS(TLNG)-2021-4-73

HDFC ERGO GENERAL INSURANCE Vs. DAKURI MANIKYAM

Decided On April 19, 2021
Hdfc Ergo General Insurance Appellant
V/S
Dakuri Manikyam Respondents

JUDGEMENT

(1.) This Civil Miscellaneous Appeal, under Sec. 173 of the M.V.Act, 1988, is filed aggrieved by the order and decree dtd. 1/11/2019 passed in M.V.O.P.No.1061 of 2014 on the file of the III Additional District Judge, Ranga Reddy District at L.B. Nagar, whereunder, the respondent Nos.1 to 3 herein who are claimants in the above O.P. were awarded compensation of Rs.7.00 lakhs with proportionate costs and interest @ 9% p.a. from the date of petition till the date of deposit for the death of one Dakuri Yesobu.

(2.) First claimant is wife and claimant Nos.2 and 3 are sons of the said Dakuri Yesobu, hereinafter be referred to as 'the deceased'.

(3.) The case of the claimants is that the deceased died in a road accident that occurred on 13/6/2010 while he was travelling in an auto bearing No.AP 16 TW 9253 when it turned turtle at Jammigudem village, due to rash and negligent driving of the driver of the said auto. In connection with the accident, a case in Cr.No.86 of 2010 was registered. The deceased was earning Rs.7,500.00 p.m. Hence the claimants filed a claim petition seeking compensation of Rs.6.00 lakhs from the appellant - insurance company and the owner of the crime vehicle.