Syed Nawabjan – Appellant
Versus
M/s.Santhinikethan Trust – Respondent
ORDER:
1) The present Appeal is filed by the Claimants under Section 173 of the Motor Vehicles Act, challenging the Order, dated 18.05.2007, passed in O.P. No. 39 of 2005 by the learned Principal Motor Accident Claims Tribunal (District Judge, Nellore), wherein, the application filed by the Petitioners under Section 166 of the Motor Vehicles Act, seeking compensation of Rs.5,00,000/- due to death of Syed Ahamad Basha [the ‘deceased’] was dismissed.
2) The averments, in the claim petition, are as under:-
i. The Claimant No. 1 and 2 are said to be partents of the deceased, while, Claimant No. 3 to 5 are sister and brothers of deceased. The 1st Respondent is the owner and the 2nd Respondent is the insurer of the offending vehicle.
ii. According to Claimants, the deceased was working as a Goldsmith under a Gold Merchant in Nellore and earning Rs.200/- per day. It is said that, on 01.09.2004 at about 12.30 PM, when the deceased was lying in-front of the R.R. Channel near D.S.R. Government Headquarters Hospital, Nellore, a Van bearing No. AP 31 W 8218 [‘vehicle’], driven by its driver in a rash and negligent manner at high speed, hit the deceased and ran over his legs. The deceased was aged
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