BOBBIDI VIJAYA Vs. IMRAN KHAN

JUDGEMENT

(1.) Aggrieved by the dismissal order dtd. 27/1/2009 (hereinafter will be referred as 'impugned order') passed by the Motor Accidents Claims Tribunal - cum - III Additional District and Sessions Judge (FTC), Medak (hereinafter will be referred as 'Tribunal") in O.P.No.487 of 2006, the petitioner/claimant has filed the present Appeal seeking enhancement of the compensation.

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

(3.) The brief facts of the case as can be seen from the record are that the sole petitioner has filed claim petition under Sec. 166 of Motor Vehicles Act, 1988 claiming compensation of Rs.3,00,000.00 from the respondent Nos.1 and 3 for the death of deceased by name "Balakistaiah" (hereinafter will be referred as 'deceased'). The reason assigned by the petitioner, who is the mother of the deceased, for the death of the deceased is that on 29/3/2006 the deceased along with two others were proceeding from Medak to Sangareddy on a motorcycle and when they reached near Shishu Mandir School, Sangareddy, a lorry bearing registration No. UP 12 B 2520 (hereinafter will be referred as 'crime vehicle') came in opposite direction in rash and negligent manner and dashed the motorcycle, as a result, the three persons died on the spot. According to the petitioner, the accident occurred due to the rash and negligent driving of the crime vehicle, which belongs to respondent No.1 and insured with respondent No.2. Therefore, the petitioner filed claim petition seeking compensation of Rs.3,00,000.00 against respondents jointly and severally.