BUCHAMMA Vs. P.RAJAMOULI

JUDGEMENT

(1.) Challenging the order and decree, dtd. 9/12/2011 passed in M.V.O.P.No.64 of 2006 on the file of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-District Judge, Adilabad (for short "the Tribunal"), in dismissing the claim-petition, the present appeal is filed by the claimant.

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

(3.) Brief facts of the case are that the claimant filed a petition under Sec. 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.1,00,000.00 for the death of her son, one Bandari Ramesh (hereinafter referred to as "the deceased"), who died in a vehicle accident that occurred on 5/10/2003. It is stated that on the fateful day, at about 18.00 hours, while the deceased, along with others, was proceeding in an auto bearing No.AP 1U 5627 from Srirampur to Godavarikhani, when the auto reached near Godavari bridge, the offending vehicle i.e., jeep bearing No. AP 15V 1168, owned by respondent No. 1 and insured with respondent No. 2, being driven by its driver in a rash and negligent manner at high speed, dashed the auto. As a result, the deceased sustained severe injuries and while undergoing treatment at Government Hospital, he succumbed to the injuries. According to the claimant, the deceased was 26 years and earning Rs.5,000.00 as auto driver and therefore, they filed the O.P. claiming compensation of Rs.1.00 lakh against the respondents.