THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA M.A.C.M.A No.124 of 2019

JUDGMENT:

This is an appeal filed against the Judgment and Decree dated

27.11.2018, passed by the Motor Accident Claims Tribunal-cum-III Additional District Judge, Asifabad, in O.P. No. 39 of 2018. By the impugned judgment, the Tribunal awarded compensation of Rs. 8,40,600/- with interest at 9% per annum to the claimants, on account of the death of one B. Mahender (hereinafter, ‘the deceased’) in the motor vehicle accident that occurred on 11.04.2015. The deceased was proceeding on a tractor-trolley (Nos. AP-01Q-8675 & AP-15V-2783) when the driver of the tractor drove in a rash and negligent manner and applied sudden brakes to give way to an oncoming lorry. Consequently, the attached trolley, which was loaded with bricks, tilted to one side, causing the deceased to fall, sustain multiple injuries, and eventually die instantaneously. The Tribunal held the driver, owner, and insurer of the tractor-trolley jointly and severally liable to pay the compensation. Aggrieved by the judgment of the Tribunal, the insurance company (i.e., HDFC General Insurance Company Limited) filed this appeal. For convenience, the parties wil