T. MALLAIAH Vs. RAM MOHAN RAO

JUDGEMENT

(1.) This appeal is filed by the appellants-claimants aggrieved by the Award and Decree dated 19.04.2006 passed in O.P.No.328 of 2003 by the Additional Metropolitan Sessions Judge for the Trial of Jubilee Hills Car Bomb Blast Case-cum-Additional Family Court-cum-XXIII Additional Chief Judge, Red Hills, Nampally at Hyderabad (for short, the Tribunal).

(2.) The brief facts of the case are that appellant No.1 is the father, appellant No.2 is the mother and appellant Nos.3 and 4 are the sister and brother of the deceased, T.Yadagiri. On 25.07.2002 at about 1.30 pm., while the deceased was driving lorry bearing No.AHT 7643 from Ibrahimpatnam to Hyderabad, and when the lorry reached at Injapur Forest Area on Nagarjuna Sagar Road, a lorry bearing No.AP9W 9971 came in a rash and negligent manner with high speed and dashed the lorry of the deceased, due to which, the appellant died on the spot. The claimants filed aforesaid OP claiming compensation of Rs.3,00,000/- against respondent Nos.1 and 2, driver and owner of the lorry, for the death of the deceased.

(3.) Before the Tribunal, respondent No.1 remained ex parte. Respondent No.2 filed counter denying the averments of the claim petition and contended that the amount claimed is excessive and prayed to dismiss the claim petition.