V. SHIVAJI Vs. K. MURALI

JUDGEMENT

(1.) Challenging the order and decree, dtd. 30/6/2010, passed in M.V.O.P.No.532 of 2008 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, Medak at Sangareddy (for short "the Tribunal"), the claimants filed the present appeal.

(2.) The facts, in issue, are as under:

(3.) The claimants, who are the husband and children of one V.Pushpa (hereinafter referred to as "the deceased"), filed a petition under Sec. 166 of the Motor Vehicles Act claiming compensation of Rs.4,50,000.00 for the death of the deceased, who died in a motor vehicle accident that occurred on 21/5/2006. It is stated that on that day the deceased, along with others, was traveling in Innova Car bearing No.AP 29 H-4329 from Shirdi, Tuljapur to Hyderabd and when the said vehicle reached near Nirna Cross Roads on N.H.No.9, the driver of the said vehicle drove it in a rash and negligent manner with high speed and dashed to a Bus-stand building, due to which the inmates of the vehicle including the deceased sustained grievous injuries. Basing on the complaint, a case in Crime No.67 of 2006 has been registered against the driver of the Car. Immediately after the accident, the deceased was shifted to Government Hospital, Mannaekkali and she died while shifting to Gandhi Hospital, Secunderabad. It is further stated that the deceased was aged about 41 years and was earning Rs.4,500.00 per month as maid servant. Hence, the claimants filed claim-petition against the respondents 1 and 2, being the owner and insurer of the said Car.