MAKKARAJU SUSHEELA Vs. G.L.SRINIVASA RAO

JUDGEMENT

(1.) This appeal is filed by the appellants-claimants aggrieved by the Order and Decree dated 28.09.2006 passed in O.P.No.89 of 2005 by the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Nalgonda, at Suryapet (for short, the Tribunal).

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

(3.) The brief facts of the case are that the 1st petitioner is wife, petitioners 2 & 3 are the daughters and petitioners 4 & 5 are the parents of the deceased-Makkaraju Venkata Krishnam Raju. On 06.01.2002 at 11.00 p.m., the deceased was coming along with his friend Md. Abdul Majeed from cinema theatre by walk, when they reached in front of Swathi Theatre on National High Way No.9, one Tata Sumo bearing No.AP-28-G-6687 came from back side i.e., Hyderabad side while proceeding towards Vijayawada in high speed in rash and negligent manner and dashed the deceased, due to which he received grievous injuries to head, legs, hands and other parts of the body. Immediately, he was shifted to Dr.Gurvaiah Hospital at Kodad and on his advise, he was shifted to Sowmya Apollo Hospital at Tadepalli. The deceased died on 07.01.2002 at 10.00 a.m. Prior to the accident, the deceased was hale and healthy and he was working as Manager in Sri Sai Ganesh Auto Financiers, at Kodad. The petitioners, who are the family members of the deceased, are in shock and lost their livelihood. Hence, the petitioners filed the claim petition claiming compensation of Rs.5,00,000/-, payable by both the respondents, being the owner and insurer of the offending car.