MERIGA CHITTEMMA Vs. BALA GOUD ANR

JUDGEMENT

(1.) This appeal is filed by the appellants-claimants aggrieved by the Order and Decree dated 26.04.2008 passed in O.P.No.116 of 2005 by the Motor Accidents Claims Tribunal-cum-VI Additional District and Sessions Judge, Mahabubnagar (for short, the Tribunal).

(2.) The brief facts of the case are that appellant No.1 is the wife, appellant Nos.2 and 3 are the children and appellant Nos.4 and 5 are the parents of the deceased, Meriga Sreenaiah. On 06.03.2004 at about 9.30 am., while the deceased and his friends were celebrating holi festival at Rampur bus stage, and when the deceased crossed the road and while passing urine by sitting by the side of Jangonpally road, all of a sudden, a jeep bearing No.AP22U 3478, came from Telkapally, driven by the driver in a rash and negligent manner, and dashed against the deceased. In the said accident, the deceased sustained bleeding injuries and died. The claimants filed aforesaid OP claiming compensation of Rs.3,50,000/- against respondent Nos.1 and 2, the owner and insurer of the aforesaid jeep, for the death of the deceased.

(3.) Before the Tribunal, respondent No.1 remained ex-parte. The second respondent filed its counter denying the averments of the claim petition and contended that the amount claimed is excessive and prayed to dismiss the claim petition.