T.SUNIL CHOWDARY, J. - (1.)ASSAILING the award and judgment dated 10.12.2009 passed in M.V.O.P.No.624 of 2008 on the file of the Chairman, Motor Accidents Claims Tribunal -cum -District and Sessions Judge Anantapur wherein and whereby an amount of Rs.5,19,000/ - was awarded as compensation as against the claim of Rs.6.00 lakhs, the second respondent insurer filed the present appeal.
(2.)FOR the sake of convenience, parties to this appeal will hereinafter be referred as they are arrayed before the Tribunal.
(3.)THE facts leading to filing of the present petition, briefly, are as follows:
On 26.06.2008 at about 8.00 p.m., one Sankar Reddy was proceeding on a Hero Honda Motorcycle bearing No.AP -02 -L -9936 as pillion rider from Anantapur to Kottalapalli. When they reached near market yard of Anantapur, the driver of the lorry bearing No.AP -03 -U -6631 came from Anantapur side in a rash and negligent manner and hit the motorcycle from its behind. In connection with the said accident, the Station House Officer, II Town Police Station, Anantapur registered a case in Cr.No.20 of 2008 under Sections 337 and 304 -A of IPC against the driver of the lorry. Due to the accident, Sankar Reddy (hereinafter referred to as 'the deceased') sustained multiple injuries and died on the spot. By the time of accident, the deceased was aged about 42 years and used to earn Rs.6,000/ - p.m in business and agriculture. First petitioner is wife, Petitioner Nos.2 to 4 are children and petitioner Nos.5 and 6 are parents of the deceased and they are all dependents on the income of the deceased. First respondent is owner of the lorry, which was insured with the second respondent with effect from 12.08.2007 to 11.08.2008. Third respondent, who is the owner of the Hero Honda Motorcycle, was added as formal and necessary party. Hence the petitioners filed the petition seeking compensation of Rs.6.00 lakhs from the respondent Nos.1 and 2.