THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO

JUDGMENT:

1. This Motor Accidents Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 (for short ‘MV Act’) assailing the judgment passed in OP.No.1838 of 2007, dated 28.04.2009 by the XXII Additional Chief Judge – cum - Motor Accidents Claims Tribunal, City Criminal Court, Hyderabad (for short, ‘the Tribunal’).

2. Appellant No.1 is the petitioner and respondent Nos.1 and 2 are the respondents before the Tribunal. During the pendency of the appeal appellant No.1 died, thereby appellant Nos.2 and 3 were brought on record as legal representatives of appellant No.1.

3.1 Appellant No.1 has filed a petition under Section 163-A of MV Act claiming compensation of Rs.2,00,000/- for the death of the deceased [A.Yadamma] in a motor vehicle accident which occurred on 03.09.2007 at about 07.30 a.m.

3.2 On 03.09.2007 A.Yadamma was travelling in a Matadoor van No.AP-9W-5936 from Hyderabad to Basara and when it reached near Muppireddipally village limits, a lorry bearing No.AP-1T-2555 came in rash and negligent manner and dashed against the van from opposite direction. As a result, A.Yadamma sustained grievous injures and was shift