NATIONAL INSURANCE COMPANY LIMITED Vs. MAREPALLY SHANKER

JUDGEMENT

(1.) The National Insurance Company Limited, which is arrayed as 2nd and 3rd respondents in MVOP.No.1119/2001 on the file of the III Motor Accidents Claims Tribunal, Warangal (for short 'the Tribunal'), preferred the instant appeal having got aggrieved by the said award, whereby and whereunder, the Tribunal has granted a sum of Rs.5,06,500/- with interest at 9% per annum. The claimants are respondents 1 to 4 and the owner of the vehicle is the 5th respondent in the present appeal.

(2.) For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the Tribunal in the original petition.

(3.) The fact-situation occurring in the instant case is that on 15/16.08.2001 at about 12.30 p.m. when the deceased Marepally Chiranjeevi was traveling on Suzuki Motor Cycle bearing No.AEO 85, one TATA Sumo bearing No.APO 9 AD 7367 came in a rash and negligent manner and dashed the motor cycle of the deceased, due to which the said Chiranjeevi received serious injuries and succumbed to injuries. The deceased Chiranjeevi was aged 22 years and was an Artist, Subcontractor for wall advertisements, sign boards and banners and earning an amount of Rs.5,000/- per month. Therefore, the petitioners who are legal heirs of the deceased claimed compensation of Rs.6,90,000/- but restricted their claim to Rs.3,00,000/-.