SHOBA RANI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This appeal is directed against the order and decree dated 26.6.1999 made in O.P. No. 533 of 1994 by the Motor Accidents Claims Tribunal-cum-District Judge, Nizamabad whereby the claim of the appellants herein seeking a compensation of Rs. 10,00,000 for the death of S. Jitendarnath, husband of the appellant No. 1, father of appellant Nos. 2 to 4 in an accident which took place on 31.12.1993, is dismissed.

(2.) The brief averments in O.P. No. 533 of 1994 which was filed by the appellants-claimants on the file of the Tribunal below are traced as under: Appellant No. 1 is the wife of late S. Jitendarnath and appellant Nos. 2 to 4 are their children. Late S. Jitendarnath was aged 40 years and was earning Rs. 6,150 as Agricultural Officer and he was contributing his entire earnings for the maintenance of his family. On 31.12.1993, at about 9 p.m. the deceased Jitendarnath was going on his motor cycle from Varni side towards Nizamabad. On the way, a Maruti car bearing No. AP 25-4545 owned by the respondent No. 2, driven by its driver in a rash and negligent manner at high speed dashed against the deceased Jitendarnath near Venkateshwara Temple on the road from Varni to Nizamabad in the outskirts of Morsa village, as a result of which the deceased Jitendarnath sustained grievous injuries on his head and all over his body. He was taken to the Government Hospital, Nizamabad and on the next day he was referred to Nizams Institute of Medical Sciences, Hyderabad for better treatment. However, he succumbed to the injuries on 10.1.1994. On the complaint given by S. Vijayendernath, the S.H.O. of Panjagutta Police Station, Hyderabad registered the case in Crime No. 15 of 1994 under section 174, Criminal Procedure Code on 10.1.94 at 1 p.m. and issued Exh. A-3 (F.I.R.).

(3.) Appellants-claimants averred that they were all dependent on the earnings of late S. Jitendarnath and on account of his untimely death, they were deprived of their livelihood. The appellants, therefore, claimed compensation of Rs. 10,00,000 against the respondents under various heads with costs and interest at the rate of 12 per cent per annum from the date of accident till the date of realization.