DEEKONDA CHINNU BAI Vs. RAM KUMAR

JUDGEMENT

(1.) The present appeal is filed by the appellants/claimants against the Order and Decree dtd. 19/6/2004 in O.P.No.906 of 1999 passed by the learned Motor Vehicle Accidents Claims Tribunal (I Additional District Judge), Nizamaad (hereinafter referred to as 'the learned Tribunal') seeking enhancement of the compensation awarded by the learned Tribunal.

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

(3.) The brief facts of the case as can be seen from the record are that the claimants, who are wife and son of Mr. Deekonda Gangaram (hereinafter referred to as 'the deceased') filed claim petition under Sec. 166 of the Motor Vehicles Act seeking compensation from the respondent Nos.1 and 2, who are the owner and insurer of lorry bearing registration No. DL 1 G D 1729 (hereinafter referred to as 'the offending vehicle') for the death of the deceased in a road traffic accident that occurred on 27/4/1999. On 27/4/1999 at 6:00 am, the deceased was proceeding towards new bus stand to go to Armoor and when he reached on NH 7 Road near Balkonda bus stand, the driver of the offending vehicle drove the offending vehicle at high speed in a rash and negligent manner and dashed against the deceased. As a result, the deceased sustained multiple crush injuries and died on the spot. A case in Crime No.48/1999 was registered against the driver of the offending vehicle for the offence under Sec. 304-A of the Indian Penal Code. The deceased, who was aged about 50 years, alleged to have been earning Rs.4,000.00 per month as a tailor. It is the specific claim of the claimants that since the accident occurred due to involvement of the offending vehicle, the respondent Nos.1 and 2 being the registered owner and insurer of the offending vehicle are joint and severally liable to pay compensation of Rs.2,50,000.00.