MYTRI LAKSHMI Vs. ANDHRA BOMBAY CARRIERS

JUDGEMENT

(1.) This appeal is filed by the appellants-claimants aggrieved by the Order and Decree dated 28.02.2008 passed in O.P.No.265 of 2007 by the XI Additional Chief Judge (FTC), City Civil Court, Hyderabad (for short, the Tribunal).

(2.) The brief facts of the case are that appellant No.1 is the wife, appellant Nos.2 to 4 are the minor children, appellant No.5 is the mother and appellant No.6 is the sister of the deceased, Mytri Suman @ Sumanth. On 11/12-2-2007 at 1.30 A.M., while the deceased was traveling as a cleaner-cum-labourer on a DCM van bearing No.GJ01 AT 3882 from Hyderabad towards Zaheerabad on NH No.9, and when the said van reached near Friends Dhaba, the driver of said van drove the same in a rash and negligent manner and dashed a lorry bearing No.MH04H 9592, due to which, the deceased as well as the driver sustained grievous injuries and died on the spot. The claimants filed aforesaid OP claiming compensation of Rs.5,00,000/- against respondents 1 and 2, owner and insurer of the van, for the death of the deceased.

(3.) Before the Tribunal, respondent No.1 remained ex parte. Respondent No.2 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.