KOMMARAJULA SUNITHA Vs. A.KUMARA SWAMI

JUDGEMENT

(1.) This M.A.C.M.A. is filed under Sec. 173 of the Motor Vehicles Act, 1988 by the appellants/petitioners aggrieved by the award and decree dtd. 17/12/2007 passed in O.P.No.890 of 2005 by the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Warangal (for short "the Tribunal").

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

(3.) Brief facts of the case are as follows: On 17/9/2004 at about 12.00 noon one Mr. Mahesh (hereinafter referred to as 'the deceased') was riding a motorbike bearing No.AAO 2797 along with his friend Mr. Lingaiah as a pillion rider, and when they were near Vishwa Bharathi School within Parvathagiri Village limits proceeding on the extreme left side of the road, one Jeep bearing No.AP20-U-3749, driven by its driver in a rash and negligent manner, while overtaking a bullock cart without observing the motorbike of the deceased, dashed against the motorbike. As a result, the deceased and his friend fell and received severe injuries. Immediately, they were shifted to M.G.M. Hospital and the deceased died on the same day. Therefore, the petitioners filed the O.P. seeking compensation of Rs.7,52,000.00.