JUDGMENT:

1. The appellant/Insurance Company filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award, dated 06.02.2023 passed in M.V.O.P.No.147 of 2017 on the file of the Court of the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Kadapa at Proddatur (for short ‘the Tribunal’).

2. The respondent Nos.1 & 3 herein/claimants filed the said O.P seeking compensation of Rs.7,00,000/- for the death of one T. Prameela in a motor accident that occurred on 15.03.2016 involving a Tractor & Trailer bearing registration Nos.AP 21 v 7487 & AP 21 V 7489. As against the claim of Rs.7,00,000/- the Tribunal granted a compensation of Rs.7,00,000/-. Assailing the same the 2^nd respondent - Insurance Company in the O.P filed this appeal.

3. For the sake of convenience, the parties herein are referred to as they were arrayed before the Tribunal. Claimant No.1 is the husband of the deceased, whereas, Claimant Nos.2 & 3 are minors, represented by Claimant No.1. Respondent No.1 is the driver and Respondent No.3 is the owner of the Tractor & Trailer bearing registration Nos.AP 21 v 7487 & AP 21 V 7489, whereas, Respondent No.2 is the Insurance Company.

4. The brief facts that lead to the filing of the case are that, on 15.03.2016, in the morning, one T. Prameela (herein referred to as ‘deceased’) went to coolie work along with others to the field of one Koneti Subbareddy. After completion of work, the deceased along with others boarded the Tractor & Trailer bearing registration Nos.AP 21 v 7487 & AP 21 V 7489. When the tractor reached the YSR statute at Chowtapalle village, the driver of the tractor drove it in a rash and negligent manner with high speed, due to which the tractor and trailer jumped, as a result of which, the deceased fell down in the road, sustained injuries, shifted to Government Hospital, Proddatur, therefrom she was shifted to SVIMS Hospital and died on 21.03.2016 while undergoing treatment. Based on the complaint of the husband of the deceased, a case in Crime No.53 of 2016 was registered on the file of Proddatur Rural Police Station. By the impugned order, the Tribunal allowed the said M.V.O.P awarding compensation of Rs.7,00,000/- against a claim of Rs.7,00,000/-. Aggrieved by the same, the claimant/Insurance company filed this appeal.

5. Before the Tribunal, P.W.1 and P.W.2 were examined and got marked Exs.A-1 to A-5 which happened to be the copy of First Information Report, Inquest Report, Post Mortem Certificate, Charge Sheet, Motor Vehicle Inspectors Report. On behalf of the respondents, R.W.1 & R.W.2 were examined and got marked Exs.B-1 & B-2, Exs.X-1 to X-4, viz, Authorization, True copy of insurance policy, authorization letter, R.C. of crime vehicle, Fitness certificate of Trailer, Permit of the Trailer.

6. While the 1^st respondent-owner and 3^rd respondent – driver of the tractor and trailer remained ex parte, the 2^nd respondent – Insurance Company contested the matter denying all the averments made in the claim petition. It is that the driver of the tractor and trailer involved in the said accident did not possess valid driving licence and hence sought for dismissing the appeal.

7. Based on the pleadings, the Tribunal framed necessary issues one as to the culpability in causing the accident and the entitlement of the just compensation by the claimants. The Tribunal considering the evidence of PW-1 who is none other than the husband of the deceased and also the evidence of PW.2 - eye witness to the accident and who was with the deceased on the fateful day and also the Ex.A-1 copy of the F.I.R, Ex.A-2 Copy of the Inquest Report, Ex.A-3 copy of Post Mortem Certificate, Ex.A-4 Charge sheet, Ex.A-5 Copy of the Motor Vehicle Inspector’s Report, observed that the accident occurred due to negligent act on the part of the driver of the 1^st respondent’s vehicle i.e. Tractor and Trailer bearing No.AP 21 V 7487 & AP 21 V 7489 which was insured with the 2^nd respondent Insurance Company, as suc