PALADUGU SATYAVATHI Vs. KARNI SRINIVASA RAO

JUDGEMENT

(1.) This appeal is filed under Sec. 173 of the Motor Vehicles Act (for short 'the M.V. Act') by the appellants challenging the Order dtd. 9/7/2019 passed by the Motor Accidents Claims Tribunal - cum - Judge, Family Court - cum - VI Additional District Judge at Khammam in MVOP.No.861 of 2017.

(2.) For the sake of convenience, the parties will be hereinafter referred to as claim petitioners and respondents.

(3.) Petitioner No.1 is the wife and petitioner Nos.2 and 3 are the sons of Paladuga Babu Rao (herein after will be referred as deceased). On 6/6/2017, the deceased was proceeding towards Bheemavaram on his motor-cycle bearing No.AP 16 CX 2522 for servicing of his vehicle, when he reached Madhavanigudem check-post, the driver of the lorry bearing No.AP 16 TB 5496, proceeding in the same direction applied sudden breaks without giving signal and stationed the lorry in the middle of the road on that the deceased dashed the stationed lorry from the back side, fell on the road, received injuries and he was shifted to Varma Hospital, Bhimavaram, while undergoing treatment he succumbed to injuries on the same day. The accident occurred due to rash and negligent driving of the driver of the Lorry bearing No.AP 16 TB 5496. The deceased worked as Lorry driver and used to earn Rs.30,000.00 per month and he was aged about 55 years as on the date of accident. Due to the death of the deceased, the petitioners have lost their earning member which subjected to mental agony and claimed compensation of Rs.30,00,000.00 (initially claimed compensation of Rs.20,00,000.00 subsequently enhanced to Rs.30,00,000.00 vide orders in IA.No.241 of 2019, dtd. 3/4/2019).