K.RAMA DEVI Vs. JAGADISH SAMADIYA

JUDGEMENT

(1.) This appeal is filed by the appellants-claimants aggrieved by the Order and Decree dated 16.04.2012 passed in O.P.No.29 of 2009 by the II-Additional Chief Judge-cum-Motor Vehicle Accident Claims Tribunal, Hyderabad (for short, the Tribunal).

(2.) The brief facts of the case are that appellant No.1 is the wife, appellant No.2 is the son, appellant No.3 is the daughter and appellant No.4 is the mother of the deceased, Uppari Venkataiah. On 14.10.2008 at about 6.45 PM., while the deceased was travelling as a pillion rider along with one B.Bhoomnaiah on Hero Honda Glamour motorcycle bearing No.AP 29H 6261 from Gajwel towards Toopran within the limits of Yavapur village, a lorry bearing No.RJ11GA 0806 proceeding from Toopran towards Gajwel, came in opposite direction and driven by its driver in a rash and negligent manner and dashed the motorcycle and the deceased died on the spot. A case in Crime No.225 of 2008 was registered in Toopran Police Station for the offence under Sections 304-A and 337 IPC against the driver of the lorry. The claimants filed the above O.P., claiming compensation of Rs.10,00,000/- on account of death of the deceased.

(3.) Before the Tribunal, Respondent No.1-owner of the lorry, remained ex parte. Respondent No.2-insurance company, filed its 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 therefore, sought to dismiss the petition.