- (1.) Challenging the compensation awarded in M.V.O.P.No.814 of 2006 dated 23.06.2008 by the Chairman, M.A.C.T-cum- District Judge, Kadapa (for short "the Tribunal"), the claimants preferred the instant appeal.
(2.) The factual matrix of the case is thus: a) The claimants are the parents of deceased girl Kolangi Padmavathi. Their case is that deceased was 8 years old and studying Third Class in English Medium School and claimants were working as coolies at a brick kiln. On 11.12.2006, the deceased along with her aunt went to brick kiln and after staying some time she was returning home along with her aunt. On the way the deceased and her aunt stood on the left side of the Kadapa Kurnool National High Way waiting for Mathamma the co-daughter-in-law of her aunt who went to the other side of the road to fetch clothes from dhobi. At that time a Tata Sumo Van bearing registration No.MH 12 BA 4940 came at high speed being driven by its driver in a rash and negligent manner and dashed the deceased and caused her instantaneous death. It is averred that vehicle driver was responsible for the accident and due to abrupt death of deceased her parents lost all their future hopes on her. On these averments they filed M.V.O.P.No.814 of 2006 under Section 166 of Motor Vehicles Act, 1988 (for short "M.V Act") against respondents 1 and 2, who are the owner and insurer of the offending van and claimed Rs.1,50,000/- as compensation under different head mentioned in OP. b) Respondent No.1 remained ex parte. c) Respondent No.2/Insurance Company filed counter and opposed the petition contending that accident was occurred due to the fault of deceased herself, as she crossed the road unmindful of the vehicles passing on the road. d) During trial, PWs.1 and 2 were examined and Exs.A1 to A5 were marked on behalf of claimants. No oral or documentary evidence was adduced by the respondents. e) On appreciation of both oral and documentary evidence the Tribunal awarded total compensation of Rs.75,000/- with costs and interest at 6% p.a under different heads as follows: Loss of love and affection, loss of income and future expectancy Rs. 58,000-00 Loss of estate Rs. 15,000-00 Transportation and funeral expenses Rs. 2,000-00 Total Rs. 75,000-00 Hence, the appeal by the claimants.
(3.) The parties in this appeal are referred as they stood before the Tribunal.;