Point of law : Insurance Company, shall deposit the compensation amount as awarded, at the first instance and recover the same from the owner of the vehicle, without filing a separate suit.

JUDGMENT :

These two appeals are being disposed of by this common judgment, as they arise out of the same accident.

2. M.A.C.M.A.No.3632 of 2005 is preferred by the claimants and whereas the M.A.C.M.A.No.664 of 2006 is preferred by the United Insurance Company Limited, aggrieved by the Judgment and Decree dated 14.06.2005 in M.V.O.P.No.332 of 2000 on the file of the Chairman, Motor Accident Claims Tribunal-cum-I Additional District Judge, Ongole, (for short ‘the Tribunal’).

3. For the sake of convenience, the parties are hereinafter referred to, as they were arrayed before the Tribunal in the original petition.

4. The original petition was filed by the parents of deceased Mukkari Chinna Jayanna who was aged about 20 years seeking compensation of Rs.2,54,000/- for the death of their son in a road accident that occurred on 24.02.2000. The deceased Mukkari Chinna Jayanna was working as a Supervisor in slate industry and earning Rs.3,000/- per month. On 24.02.2000, while the deceased Mukkari Chinna Jayanna was going to his work place at Rayavaram on a tractor and trailer bearing No. AP27 C 7723 and AP 27 C 7724 and reached near St.Ann’s Church, the driver of the tractor drove the same in a rash and negligent manner. Due to which, the deceased Mukkari Chinna Jayanna fell down on the road and the tractor ran over the body of the deceased Jayanna. As a result, the deceased sustained severe injuries and he was shifted to the Government Hospital, Markapur, where he was succumbed to injuries.

5. The owner of the offending vehicle-1st respondent adopted the Written Statement of 2nd respondent-Insurance Company in the original petition. The 2nd respondent-Insurance Company filed a Written Statement disputing the nature of accident and earnings of the deceased Jayanna. It is further contended that the deceased Jayanna is a gratuitous passenger travelling in the tractor and accordingly, no compensation need be paid by the insurance company. Additional Written Statement was also filed to the effect that the claim made by the claimants-petitioners is on a higher side. Accordingly, the 2nd respondent-Insurance Company prayed for dismissal of the original petition.

6. On the basis of the said pleadings, the following issues were framed in the original petition:

(1) Whether the death of the deceased was caused on account of the rash and negligent driving of the tractor and trailer bearing No.AP27 C 7723 and AP 27 C 7724 by its driver?

(2) Whether the petitioners are entitled to claim any compensation, and if so, to what amount and from whom?

(3) To what relief?

7. In support of their case, the claimants got examined themselves as P.Ws.1 and 2 and got marked Exs.A.1 to A.5. On behalf of respondents, R.W.1 was examined and Ex.B.1 was marked.

8. The Tribunal, on the basis of the oral and documentary evidence, came to the conclusion that the death of the deceased Jayanna occurred due to rash and negligent driving of the Tractor and Trailer by its driver, and accordingly, allowed the original petition, in part, against respondent Nos.1 and 2 granting compensation of Rs.1,27,000/- with interest at 9% p.a., from the date of petition till the date of deposit or realization, while dismissing the rest of the claim of the claimants, by Judgment dated 14.06.2005, which is under challenge in these two appeals.

9. Heard Sri N.Krishna Murthy, learned counsel for the appellants-claimants in M.A.C.M.A.No.3632 of 2005 and respondent Nos.1 and 2-claimants in M.A.C.M.A.No.664 of 2006. Also heard Mr. Srinivasa Rao Vutla, learned counsel for the appellant-Insurance Company in M.A.C.M.A.No.664 of 2006 and respondent No.2-Insurance Company in M.A.C.M.A.No.3632 of 2005.

10. It is the contention of Mr. N.Krishna Murthy, learned counsel that the Tribunal erred in taking the monthly income of the deceased as Rs.1,500/- per month. He submits that the Tribunal ought to have taken the inc