ENUGU NARSAIAH NARSI REDDY Vs. GOLLAPALLI ANIL

JUDGEMENT

(1.) This appeal is filed under Sec. 173 of the Motor Vehicles Act, aggrieved by the order and decree, dtd. 31/8/2013, passed in M.V.O.P.No.1055 of 2010 on the file of the Principal Motor Accident Claims Tribunal (for short 'the Tribunal').

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

(3.) Brief facts of the case are that the petitioners filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.4,00,000.00 on account of the death of their son Enugu Raju (hereinafter referred to as 'deceased'.) It is stated that on 12/7/2009, the deceased boarded the Trailer of a Tractor bearing No.AP-20-Y-6538 and AP-20-Y T/R 6425 (offending vehicle) to bring diesel from Kampalli Village and on the way, between 3.00 and 4.00 p.m, when the offending vehicle reached the outskirts of Bheeliyanaik Thanda, a hamlet of Kampally, its driver has driven the same in a rash and negligent manner, at high speed and lost control over the steering of the Tractor, as a result of which, the offending vehicle overturned, due to which, the deceased sustained severe fracture injuries and died in the midway to hospital. The deceased was aged 21 years at the time of the accident, used to work as a labourer-cum-helper and earned Rs.5.000 per month. Due to loss of dependency, the parents of the deceased filed the claim petition.