LINGASWAMY Vs. ST LAXMAMMA

JUDGEMENT

(1.) This appeal is filed by the appellants-claimants aggrieved by the Order and Decree dated 20-02-2006 passed in O.P.No.354 of 2001 by the Motor Vehicle Accidents Claims Tribunal-cum-V Additional District Judge (FTC), Ranga Reddy District at L.B.Nagar (for short, the Tribunal).

(2.) The brief facts of the case are that on 05.07.2000 at about 8.30 pm., while the first appellant was waiting at Chinthalkunta Bus Stop, a lorry bearing No.AAT 4792 came at high speed from L.B.Nagar side and rear side right wheel has come out with desk ring from the vehicle and hit him, as a result of which, the first appellant sustained injuries to left side of his body. Originally, the first appellant filed the above OP against respondent Nos.1 and 2, the owner and the insurer of the lorry, claiming compensation of Rs.1,00,000/- for the injuries sustained by him. During the pendency of the said OP, the first appellant died on 24.12.2001 and appellant Nos.2 to 4, who are father, mother and sister of the first appellant, were brought on record.

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