HON’BLE SRI JUSTICE C.V.BHASKAR REDDY M.A.C.M.A.No.347 of 2019

JUDGMENT:

This appeal has been filed by the appellant-insurance company challenging the impugned order and decree dated 20-11-2018 passed by the Chairman, Motor Accidents Claims Tribunal-cum- Principal District Judge at Nizamabad (for short “the Tribunal”) in M.V.O.P.No.106 of 2015, whereby the Tribunal awarded compensation of Rs.10,00,000/-with interest at 7.5% per annum to the claimants (respondent Nos.1 to 3 herein)on account of the death of the deceased Darpally Sailoo in a motor vehicle accident.

2. The brief facts of the case are that on 28.09.2014 at about 4.30 pm while the deceased Darpally Sailoo was travelling as labourer in Trolley bearing No.AP25AE8624 attached to Tractor bearing No.AP25AE8625 from Hasgul, when the said tractor and trolley reached near Kurthem Gadda in the outskirts of Hasgul village, its driver drove it in rash and negligent manner, due to which the deceased fell down from the trolley resulting in grievous crush injuries on head and died on the spot. The police of Bichkunda registered a case in crime No.179 of 2014 under Section 304-A IPC. Stating that the deceased was aged 25 years and was d