RAGULA SATHAIAH Vs. K MANJUSHA KIRAN

JUDGEMENT

(1.) This appeal is filed by the appellants-claimants aggrieved by the judgment and decree dated 28-11-2012 passed in M.V.O.P.No.280 of 2011 by the Chairman, Motor Accident Claims Tribunal-cum-IV Additional District Judge, Karimnagar (for short, the Tribunal).

(2.) The brief facts of the case are that on 12.03.2010, while the deceased Ragula Mallesh working as cleaner of a tipper AP01W 4447 and on the instructions of the driver, when he was trying to put a boulder in front of the front tyre to stop the vehicle, the driver of the tipper drove the same in a rash and negligent manner, hit the deceased and made him to crush between the above tipper and other tipper and that he died on the way to the hospital. The claimants filed the above O.P., claiming compensation of Rs.4,50,000/- for the death of the deceased.

(3.) The first respondent remained ex parte and respondent No.2 filed his counter denying the allegations made in the claim petition inter alia contending that the amount of compensation claimed by the claimants is excessive, exorbitant, imaginary and out of proportion and sought to dismiss the petition.