TUMMALA ANASURYAMMA Vs. P. ANJI REDDY

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant, challenging the Award and Decree dated 15.02.2006 passed in O.P.No.526 of 2004 by the Motor Accident Claims Tribunal-cum-XIII Additional Chief Judge (FTC), City Civil Court, Hyderabad (for short, the Tribunal).

(2.) The brief facts of the case are that the appellant is the wife of the deceased Thummala Janardhan Reddy. On 23.09.2003 at about 7.30 A.M., while the deceased was traveling as pillion rider on Hero Honda Motor Cycle bearing No.AP24J 5871 of respondent No.1 from Ismailpalli towards Nalgonda town, and when they reached the outskirts of Marriduga village, the rider of the motorcycle drove the same in a rash and negligent manner with high speed and jumped from the motorcycle. In the said accident, the deceased sustained grievous injuries and died on 14.10.2003 while undergoing treatment. The appellant filed aforesaid OP against respondent Nos.1 and 2, owner and insurer of the motorcycle, respectively, seeking compensation of Rs.2,00,000/- for the death of the deceased.

(3.) Before the Tribunal, respondent No.1 remained ex parte. Respondent No.2 filed counter denying the allegations made in the claim petition inter alia contending that the amount of compensation claimed by the petitioner is excessive, exorbitant, imaginary and out of proportion and sought to dismiss the petition.