The appellant is the insurance company. Respondents 2 to 6 herein are the claimants. The 1st respondent is the owner of the Tractor and Trailor bearing Nos.AP-23-T-4119 and 4120.

The claimants filed O.P.No.513 of 2005 on the file of the Chairman, Motor Vehicles Accidents Claims Tribunal-cum-Principal District Judge, Medak at Sangareddy (for short “the Tribunal”), claiming compensation of Rs.10,00,000/- for the death of one Patlolla Narsimha Reddy, who is husband of the 1st claimant, father of claimants 2 and 3 and the son of claimants 4 and 5.

The Tribunal by its order, dated 22-03-2007, in O.P.No.513 of 2005 awarded compensation of Rs.5,74,000/- along with interest at 7.5% per annum from the date of petition till realisation. Aggrieved thereby, the present appeal is filed by the Insurance Company.

The parties herein are referred to as they are arrayed before the Tribunal.

It is the case of the claimants that on 02-04-2005 at about 10.45 p.m. while the deceased and his brother were returning from Ordnance Factory to their village Pothireddipally on Hero Honda Splendour Motorcycle bearing No.AP-23-E-6530 on correct side, and when they reached in the limits of Kashipur Village, Indrakaran Mandal, Medak District, a Tractor bearing No.AP-23-T-4119 came from the opposite direction driven by its driver in a rash and negligent manner at a high speed, and dashed against the said Motorcycle, as a result of which, both of them fell down and the motor cycle was completely damaged. The deceased was shifted to Ordnance Factory Hospital, where Potlolla Narsimha Reddy, succumbed to the injuries in the mid night while undergoing treatment. Police Indrakaran registered a case in Cr.No.14 of 2005 for the offence under Sections 304-A and 337 IPC against the driver of the Tractor bearing AP-23-T-4119 and later filed charge-sheet before the Additional Judicial First Class Magistrate, Sangareddy. According to the claimants, the accident occurred due to rash and negligent driving of the Tractor by its driver. The said Tractor is validly insured with the United India Insurance Company covering the period of accident, and as such, the respondents are liable to pay compensation. It is stated that the deceased was hale and healthy at the time of accident and he was working as Electrician and drawing monthly salary of Rs.7,885/- besides attending agriculture and in all, he used to earn Rs.10,000/-per month and used to contribute the entire income to the family.

A counter has been filed by the appellant-insurance company denying all the averments made in the claim petition. It is stated that the Tractor and Trailor in question was not all involved in the accident and it has sought leave to contest the matter under Section 170 of the M.V.Act apart from the grounds available under Section 149(2) of the M.V.Act.

It is further stated that under Section 158 of the M.V.Act, it is the duty of the police concerned to forward relevant documents to the insurer concerned within 30 days from the date of the information, which is mandatory, but the police failed to do so.

On the above pleadings, the Tribunal framed the following issues:-

i) Whether the accident occurred due to rash and negligent driving of driver of crime vehicle?

ii) Whether the petitioners are entitled for compensation, if so, at what quantum and from whom?

iii) To what relief?

On behalf of the claimants, PWs.1 to 3 were examined and marked Exs.A-1 to A-11. No oral evidence was adduced on behalf of the respondents but copy of policy was marked as Ex.B-1.

The 1st claimant was examined as PW.1 and stated that her husband Narasimha Reddy died in a motor accident on 02-04-2005. She learnt that on the date of accident, her husband was proceeding to Sangareddy from Ordnance Factory on Hero Honda Motor Cycle along with his brother and when they reached near Kashipur Village, a Tractor came in the opposite direction in high speed in a rash and negligent manner and dashed to the motor cycle, as a re