THE HON’BLE SMT. JUSTI CE RENUKA YARA M.A.C.M.A.No.1773 OF 2009

JUDGMENT:

This is an appeal preferred by the appellants/claimants aggrieved by the order, dated 29.01.2009 passed in M.V.O.P.No.1128 of 2007 by the learned Chairman, Motor Accident Claims Tribunal-cum-

District Judge, Khammam (for short, ‘the Tribunal’).

2. Heard both sides. Perused the record.

3. The brief facts of the case are that the petitioners, who are the parents, brother and sisters of deceased Banothu Srinu, filed a petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.2,50,000/- on account of the death of the deceased in a motor vehicle accident that occurred on 22.12.2005. It is stated by the petitioners that on 22.12.2005 evening, one Tractor along with Trailer bearing No.AP-04-B-7023/7024 came to Sunkara Banjara Village in order to separate paddy grains from paddy crop in the fields. During that time, as the tyres of the Tractor and Trailer were less aired, the driver of the Tractor engaged the deceased to accompany him to Air-filling station and also for holding the Trailer tyres. As such, the deceased took the driver of the Tractor to Sujathanagar Village and after filling Air in the tyres of the Tractor-

Trailer and while returning to Sunkara Banjara Village at 17.00 hours, at that time, when the Tractor reached a culvert bridge situated between Sujathanagar and Seetampeta Village, the driver of the said Tractor drove the vehicle in a rash and negligent manner at high speed and lost control over the said Tractor and hit the culvert bridge. As a result, the Tractor fell into the water and the deceased fell underneath the Tractor. Later, some villagers took the deceased from underneath of the Tractor and shifted to Dr.Nagaraju Hospital, Kothagudem and while undergoing treatment, the deceased died on the very same day at 19.00 hours.

4. Based on a complaint given by brother of the deceased, Police of Kothagudem Police Station registered a case in Crime No.186 of 2005 under Section 304-A IPC against the driver of Tractor-Trailer bearing No.AP-04-B-7023/7024.

5. It is stated by the petitioners that the deceased was aged about 23 years and used to earn Rs.3,000/- per month by doing Coolie and agricultural works. Due to sudden death of the deceased, the petitioners have lost their source of income and other amenities and hence filed claim petition seeking compensation of Rs.2,50,000/- against respondent Nos.1 and 2 being the owner and insurer of Tractor-Trailer bearing Nos.AP-04-B-7023/7024.

6. Respondent No.1/owner of Tractor-Trailer remained ex parte.

7. Respondent No.2/Insurance Company filed its counter denying the averments made in the claim petition including the manner of accident, age, income, health condition of the deceased and contended that the driver of Tractor-Trailer do not possess valid driving license to drive the vehicle and valid road permit to ply as on the date of alleged accident and that the claim of compensation is excess and exorbitant and prayed to dismiss the claim against it.

8. Based on the pleadings made by both the parties, the learned Tribunal had framed the following issues for conducting trial:-

i) Whether the accident took place due to rash and negligent driving of the accident vehicle Tractor-Trailer bearing Nos.

AP-04-B-7023/7024 by its driver?

ii) Whether the petitioners are entitled to claim any compensation? If so, to what amount and from which of the respondents?

iii) To what relief?

9. In order to substantiate their case, on behalf of the appellants/petitioners, PWs.1 and 2 were examined and Exs.A1 to A4 were marked. On behalf of respondent No.2/Insurance Company, R.W.1 was examined and Ex.B1-Copy of insurance policy was marked.

10. After considering the entire evidence available on record, the learned Tribunal had partly-allowed the claim petition by awarding compensation of Rs.1,89,200/- along with interest @ 7.5% per annum from the date of petition till the date of realization payable by resp