PANKERLA SUJATHA Vs. APSRTC

JUDGEMENT

(1.) This M.A.C.M.A. is filed by the appellants/claimants under Sec. 173 of the Motor Vehicles Act, aggrieved by the Order and decree, dtd. 9/3/2011, passed in M.V.O.P.No.897 of 2009 on the file of the Chairman, Motor Accident Claims Tribunal-cum-Spl. Sessions Judge for trial of SCs/STs (PoA) cases-cum-Additional District Judge, Nalgonda (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.5,00,000.00 on account of the death of Pankerla Srishailam ('the deceased') in the accident. It is stated that on 21/2/2009, the deceased was riding his new Pulsar Motor Cycle with two pillion riders on National High Way No.9 from Hayath Nagar towards his village 2 RRN,J Sherigudem. When the deceased reached the Kothaguda stage, the bus of A.P.S.R.T.C. bearing No.AP-10-Z-8055 of Hyderabad-2 depot proceeding from Batasingaram Village towards Pochampally Village came at a high speed and dashed the motorcycle driven by the deceased. The deceased and the two pillion riders sustained grievous injuries and were shifted to Osmania General Hospital, Hyderabad, on the very next day, while undergoing treatment, the deceased succumbed to injuries. The deceased was hale and healthy and aged about 28 years on the date of the accident. He was earning Rs.8,000.00 per month doing centring work and also doing cultivation and his overall income per annum was Rs.1,00,000.00. Due to the said accident, the first petitioner lost her life partner and petitioner Nos.2 and 3 lost their father and his affection in their premature age. Therefore, the petitioners claimed compensation of Rs.5,00,000.00.