M.NAGARAJU Vs. K TAKESWAR RAO

JUDGEMENT

(1.) These two appeals are being disposed of by this common judgment since M.A.C.M.A.No.2991 of 2017, filed by the Reliance General Insurance Company Limited and M.A.C.M.A.No.3396 of 2017 filed by claimants challenging the quantum of compensation, are directed against the very same award and decree, dtd. 18/8/2017 made in M.V.O.P.No.2032 of 2015 on the file of the Chairman, Motor Accidents Tribunal-cum-II Additional Chief Judge, City Civil Court, Hyderabad (for short 'the Tribunal').

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

(3.) The facts, in brief, are that the claimants laid a claim under Sec. 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.20,00,000.00 for the death of one M.Anitha, wife of claimant No. 1, mother of claimant Nos. 2 and 3, daughter-in-law of claimant Nos. 4 and 5 (hereinafter referred to as 'the deceased'), who died in the accident that occurred on 24/5/2015. According to the claimants, on the fateful day, while the deceased, along with her daughter and husband, was proceeding by walk towards Darga near Anjali Theatre, Secunderabad and when she reached near Balamrai Khaman, Begumpet, at about 06:00 a.m., one Mini Bus bearing No.AP 28 TB 0511 proceeding from Paradise towards Bowenpally, came on wrong side in a rash and negligent manner at high speed and dashed the deceased. Due to the said impact, the deceased fell down on the road and received fatal injuries. Immediately, she was taken to Sunshine Hospital and later, shifted to Gandhi Hospital, Hyderabad, wherein the deceased succumbed to the injuries while undergoing treatment. On a complaint, a case in Crime No.284 of 2015 was registered under Sec. 304(A) IPC. According to the claimants, the deceased was earning Rs.15,000.00 as a tailor and construction labour. On account of the sudden death of the deceased, the claimants have lost their bread winner and love and affection. Therefore, they laid the claim against the respondent Nos.1 to 3, who are the driver, owner and insurer of the crime vehicle i.e., Mini Bus bearing No.AP 28 TB 0511.