GHOUSIYA BEGUM Vs. QAMARUDDIN

JUDGEMENT

(1.) Dissatisfied with the quantum of compensation awarded by the learned Chairman, Motor Accidents Claims Tribunalcum-II Additional District Judge (FTC), at Nizamabad (for short, 'the Tribunal') in M.V.O.P.No.336 of 2013 by order and decree dtd. 19/11/2020, the appellants/claimants have filed the present appeal seeking enhancement of compensation.

(2.) For the sake of convenience, the parties hereinafter referred as they were arrayed before the Tribunal.

(3.) The brief facts of the case are that the petitioners have filed claim petition claiming compensation of Rs.8,00,000.00 from respondent Nos.1 and 2 for the death of the deceased viz., "Abdul Sajjad". Petitioner No.1 is the mother of the deceased, Petitioner Nos.2 and 3 are sisters of the deceased. The reason assigned by the petitioners for the death of the deceased is that on 21/8/2012, the deceased along with his brother-in-law, namely, Shaik Ali and his friends, namely, Shaik Afzal and Qayyam went to Dharmabad village by train to greet their relatives on the eve of Ramzan festival. On the same day i.e., 21/8/2012, they were returning in auto trolley bearing No. A.P.25.V.2126 to Nizamabad; while so, when the said auto trolley reached the outskirts of Yemcha village, at about 17:00 hours, the driver of the said auto trolley drove it in a rash and negligent manner with high speed and lost control over the vehicle; as a result, the said auto trolley turned turtle, due to which, the deceased sustained grievous injuries and succumbed to said injuries while undergoing treatment in Govt. Hospital, Nizamabad, on the same day.