MUDAVATH JAYASREE Vs. MURTUZA SABDEVAL SABNARI

JUDGEMENT

(1.) The claimant is the wife of the deceased M. Halya Naik, who died in the motor accident that occurred on 18.07.2000. She, along with her children, filed O.P.Nos.1496 of 2000 on the file of Principal Motor Accidents Claims Tribunal at Nalgonda, claiming compensation for the death of her husband. In the said accident, she along with her minor child, received injuries. For the injuries sustained by the minor child, O.P.No.1497 of 2000 was filed, and for the injuries sustained by her, she filed O.P.No.1498 of 2000. The Tribunal disposed of all the three claim petitions by common judgment dated 15-10-2004. Challenging the judgment in O.P.No.1498 of 2000, the present appeal is filed, seeking enhancement.

(2.) In the claim petition it is stated that on 18-07-2000, at about 5.00 p.m., near Moddgula X - road, when the deceased Mudavath Halya Naik was coming on the motor cycle bearing No. AP 24 C 5782, along with the claimant and their minor son, as pillion riders, lorry bearing No. KA 28 6776, coming from opposite direction, driven by its driver in a rash and negligent manner, dashed the hero Honda motor cycle, and as a result, the husband of the claimant died and claimant and their son - claimant No.3 in the claim petition, received injuries. The further case of the claimant is that in the said accident, she sustained fracture to right fore-arm and fracture to 2nd and 3rd ribs of right side chest. With these averments, she filed claim petition, claiming compensation of Rs.1,00,000/-.

(3.) The insurance company filed counter affidavit denying the manner of accident alleged by the claimant and the injuries sustained by her and sought for dismissal of the claim petition.