PAKA LAXMI Vs. BAGHAWANLAL LAHOTI

JUDGEMENT

(1.) The appellants-claimants filed this appeal against the order and decree dated 18.02.2008 passed in M.V.O.P.No.1802 of 2005 by the Chairman, Motor Accidents Claims Tribunal (Principal District Judge), Warangal (for short 'the Tribunal').

(2.) The brief facts of the case are that on 04.05.2005 at about 19.30 hours., while the deceased Paka Satyanarayana was proceeding towards Pochamma Maidan by walk and when he reached near Venu Rao colony by-lane, a bajaj pulsur bike bearing No.AP 36L 305, driven by its rider in a rash and negligent manner and dashed against the deceased resulting grievous injuries over his head and immediately, he was shifted to MGM Hospital, Warangal, where he succumbed to injuries on the same day. The Police, Matwada, registered a case in Cr.No.133/T-195/2003 for the offence under Section 304-A IPC against the rider of Bajaj Pulsar. The petitioners being wife and children of the deceased filed aforesaid O.P., claiming compensation of Rs.9,00,000/- for the death of the deceased in the accident.

(3.) The 1st respondent-owner of the crime vehicle though appeared through his counsel did not file counter. The 2nd respondent-insurer filed counter denying the allegations made in the claim petition inter alia contending that the amount of compensation claimed by the petitioners is highly excessive and exorbitant and sought to dismiss the petition.