THE HON’BLE SRI JUSTI CE SAMBASI VA RAO NAI DU AND

COMMON JUDGMENT:

This Civil Miscellaneous Appeal and Cross Objections arising out of the same judgment in MVOP.No.585 of 2015 on the file of Motor Accidents Claims Tribunal (for short ‘MACT’) Cum Principal District Judge, Nizamabad. MVOP.No.585 of 2015 has been filed by the petitioners/claimants under Section 163-A of the Motor Vehicles Act with a prayer to award a sum of Rs.10,00,000/- as compensation for the death of one Manthena Raju (herein after will be referred as ‘deceased’) in a road traffic accident.

2. According to the petition filed by them before the tribunal, it was alleged that on 30-05-2015 at about 8.30 p.m., while the deceased was returning from Nizamabad and proceeded towards Nagaram on a motor-cycle bearing No.TS 6EA 5711 and when he found a cyclist, who came across the road in a Zigzag manner, he tried to take a turn to avoid dash to the cyclist. However, in the said process, he lost control over the vehicle which turned turtle. Therefore, he fell down on the road with grievous injuries all over the body. He was immediately shifted to Government Head-Quarters Hospital, Nizamabad and on medical advice, he was shift