K.G.SHANKAR
New India Assurance Co. Ltd. , Rep. by Divisional Manager, Kadapa District – Appellant
Versus
Siddarapu Gangaiah (Died per L. Rs) Siddarapu Rambabu – Respondent
1. This common judgment disposes of M.A.C.M.A. No.3250 of 2011 as well as M.A.C.M.A(SR).No.31192 of 2012. M.A.C.M.A.No.3250 of 2011 is laid by the 2nd respondent in M.V.O.P.No.771 of 2008 on the file of the Chairman, Motor Accident Claims Tribunal cum III Additional District Judge (Fast Track Court), Rajampet, Kadapa District (the Tribunal, for short). The claimants 2 to 4 therein preferred M.A.C.M.A(SR). No.31192 of 2012. The 1st claimant died during the pendency of M.V.O.P.No.771 of 2008 itself. Compensation at Rs.3,35,000/-together with interest at 6% per annum from the date of the petition till deposit was granted by the Tribunal as payable to the claimants 2 to 4. Contending that the calculation in awarding compensation was incorrect, the claimants filed M.A.C.M.A(SR).No.31192 of 2012. Claiming that the 2nd respondent-insurer is not liable since the driver of the offending tractor violated the terms and conditions of the policy, the insurer preferred M.A.C.M.A.No.3250 of 2011.
2. The 1st claimant was the husband of the deceased Ramalakshumma. The claimants 2 to 4 are the children of the 1st claimant and the deceased. The deceased was statedly an agricultural labourer
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