PERUMALLA VEERAIAH Vs. V VENKATESWAR RAO

JUDGEMENT

(1.) This appeal is filed by the appellants-claimants aggrieved by the Order and Decree dated 28.01.2009 passed in O.P.No.320 of 2007 by the Motor Accidents Claims Tribunal (District Judge) at Khammam (for short, the Tribunal).

(2.) The brief facts of the case are that on 20.04.2006, while the deceased, who is the father of the claimants, along with his grand son by name Darla Tarun, after attending the funeral ceremony of their relative, sat on the side of R&B road, in the meantime, one Tipper lorry bearing No.AP-16-TV-3529, which is coming from Chandrugonda and proceedings towards Yerragunta, driven by its driver in a rash and negligent manner at high speed and lost control over the steering, dashed against the deceased and his grandson. As a result of which, the deceased and his grandson sustained injuries. Immediately, the deceased was shifted to Area Hospital, Kothagudem and thereafter shifted to Government Hospital, Khammam. While undergoing treatment, the deceased died on 28.04.2006. Therefore, the claimants, who are the sons of the deceased, filed aforesaid MVOP against the respondents claiming compensation of Rs.1,25,000/-.

(3.) Before the Tribunal, the 2nd respondent filed counter denying the averments of the claim petition and contended that the amount claimed is excessive and prayed to dismiss the claim petition.