SHAMEEM SULTHANA SULTHANA BEGUM Vs. NUNAVATH RAMU

JUDGEMENT

(1.) This appeal is filed by the appellants-claimants aggrieved by the Order and Decree dated 14-11-2006 passed in O.P.No.749 of 2002 by the Chairman, Motor Vehicle Accident Claims Tribunal-cum-III Additional District Judge at Karimnagar (for short, the Tribunal).

(2.) The brief facts of the case are that appellant No.1 is the wife, appellant Nos.2 to 5 are the children and appellant No.6 is the mother of the deceased, Mohd. Qhamuroddin. The deceased was working as Constable in Police Station, Telkapalli of Mahaboobnagar District. While so, on 16.11.2000 at about 7.30 pm., while the deceased was proceeding on his scooter for serving summons in C.C.Nos.773/2000 and 180/2000, and when he reached Telkapalli B.T. Road, a tractor-trailor bearing No.AP22T 4687/4688 came in a rash and negligent manner and dashed the scooter, due to which, the deceased fell down and sustained grievous injuries. Immediately, he was shifted to Government Hospital, Nagarkurnool, and from there, to NIMS, Hyderabad, where he died on 18.11.000 while undergoing treatment. The appellants filed the above OP against respondent Nos.1 to 3, driver, owner and insurer of the tractor-trailor, claiming compensation of Rs.10,00,000/- for the death of the deceased.

(3.) Before the Tribunal, respondent Nos.1 and filed a counter stating that the accident had occurred due to the rash and negligent driving by the deceased and that respondent No.1 was having valid driving license and the crime vehicle was insured with respondent No.3 and hence, if any compensation would be awarded, the same has to be paid by respondent No.3. Respondent No.3 filed counter denying the allegations made in the claim petition inter alia contending that the amount of compensation claimed by the claimant is excessive, exorbitant, imaginary and out of proportion and sought to dismiss the petition.