SARGO RAJESHWAR Vs. SABIQ HASAN KHAN

JUDGEMENT

(1.) This appeal is filed by the appellants-claimants aggrieved by the Order and Decree dated 25.09.2012 passed in O.P.No.879 of 2006 by the Chairman, Motor Accident Claims Tribunal-cum-III Additional District and Sessions Judge (FTC), Nizamabad (for short, the Tribunal).

(2.) The brief facts of the case are that on 27.03.2006 at about 1.30 A.M., the claimant along with his wife were proceeding from Tirumala Talkies Chowrasta by walk and when they reached Chirudu Hanuman Mandir, Kotagally, Nizamabad town, suddenly a Maruti Van bearing No.AP10G 8490, driven by its driver in a rash and negligent manner and at high speed, dashed the claimant, as a result of which, he received fracture of 3, 4, 5 of metatarsals of right foot, injuries to both legs, head injury and multiple grievous injuries all over his body. Immediately, he was shifted to Government Hospital, Nizamabad, where he was treated by doctors for fracture injuries. He filed the aforesaid OP against respondent Nos.1 and 2, owner and insurer of Maruti van, respectively, claiming compensation of Rs.1,00,000/- for the injuries sustained by him.

(3.) During the pendency of the above O.P., the claimant No.1 died, and his legal representatives i.e., petitioner Nos. 2 to 5 were brought on record. They contended that claimant No.1 died on account of the injuries sustained by him and therefore, they claimed compensation of Rs.5,00,000/-.