HON’BLE SRI JUSTICE C.V.BHASKAR REDDY M.A.C.M.A.No.748 of 2019

JUDGMENT:

This appeal is filed by the appellants/claimants challenging the award dated 11.08.2014 passed in O.P.No.413 of 2011 by the Chairman, Motor Accidents Claims Tribunal–cum–District Judge, Nizamabad (for short “the Tribunal”), whereby the Tribunal awarded a total compensation of Rs.4,20,000/- after deducting 50% on the ground of contributory negligence.

2. For the sake of convenience, hereinafter, the parties will be referred to as they were arrayed before the Tribunal.

3. The case of the claimants is that on 02.01.2011, at about 9:00 PM, the deceased Pavar Bhim Rao @ Bheemudu was travelling on a motorcycle bearing No.AP 15 Q 6676 as a pillion rider, driven by one Guguloth Ravi from Munipally Thanda towards Sampathly Village and when they reached the outskirts of Nakka Thanda, a Combine Harvester bearing No. AP 15 AC 9785 was found negligently parked in the centre of the road without any indicators or warning signs, due to which the motorcycle collided with the harvester, resulting in instantaneous death of both persons. Claiming compensation of Rs.10,00,000/- the claimants filed the aforesaid O.P against the respon