YERRAGOLLA SAILU Vs. B. MALLESH

JUDGEMENT

(1.) Being not satisfied with the quantum of compensation awarded in the judgment and decree, dtd. 10/2/2005 passed in O.P.No.1540 of 2002 on the file of the Motor Accidents Claims Tribunal (Fast Track Court), Nizamabad (for short "the Tribunal"), the appellants/claimants preferred the present appeal seeking enhancement of the compensation.

(2.) For the sake of convenience, the parties will be hereinafter referred to as arrayed before the Tribunal.

(3.) The claimants filed a petition under Sec. 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.3,00,000.00 for the death of one Y.Mahender @ Mahesh (hereinafter referred to as "the deceased"). It is stated that on the intervening night of 22/23/9/2002 at 0.30 hours the deceased, along with others, were traveling in an auto bearing No.AP 23 U 609 from Dhaba Hotel, Ramayampet town side and on the way the driver of the auto drove the same at high speed in rash and negligent manner and dashed against a stationed lorry bearing No.AP 1 T 351, as a result of which, the driver of the auto sustained grievous injuries and the deceased died on the spot. On a complaint, a case in Crime No.92 of 2002 has been registered against the driver of the Auto. It is also stated that the deceased was aged about 24 years and was working as auto driver and earning Rs.6,000.00 per month. In view of the sudden death of the deceased, the claimants lost their source of income. As the accident occurred due to the rash and negligent driving of the driver of the Auto, the claimants filed the above O.P. against the respondents 1 and 2, who are the owner and insurer of the said Auto, respectively.