BANDARI LAXMI Vs. D SOMAIAH

JUDGEMENT

(1.) This appeal is filed by petitioners in O.P.No.627 of 2002 on the file of Chairman, Motor Accident Claims Tribunal-cum- I Additional District Judge, Karimnagar, for enhancement of compensation granted by Tribunal to a tune of Rs.7,09,200/- whereas they claimed a sum of Rs.13,00,000/- therefor.

(2.) It is the case of appellants that appellant No.1 and appellant Nos.2 & 3 are wife and children of Mr. Vaikuntam; that on 31.07.2002, at about 10.00 p.m., the said Vaikuntam boarded an APSRTC Bus to go to Hyderabad and when they reached CISF Gate, Hakeempet, Hyderabad, at about 4.30 p.m., one lorry bearing No.AP9 W 6378, driven by its driver, respondent No.1, was going in front of that bus and driver of lorry suddenly applied brakes without any indication, as a result of which, the bus dashed the lorry from behind, due to which, the said Vaikuntam sustained fatal injuries and died on the spot; the deceased was working as EP Operator and earning Rs.11,534/- per month; that due to his death, appellants had lost all their future hopes and source of income and thereby, they claimed compensation of Rs.13,00,000/- against respondents by way of filing O.P.

(3.) The Tribunal on appreciation of oral and documentary evidence, awarded compensation of Rs.7,88,000/- to appellants, but, deducted Rs.78,800/- from out of the said compensation towards contributory negligence on the part of the deceased, as such, awarded net compensation of Rs.7,09,200/- to appellants. Against the said order, this appeal is filed.