PALAMANGALAM VENUGOPAL Vs. K. MOHAN

JUDGEMENT

(1.) The owner of the vehicle, against whom the liability to pay the compensation has been fixed, is before this Court with this appeal challenging the award passed by the Tribunal.

(2.) The respondents 1 and 2 in this appeal are the claimants before the Motor Accident Claims Tribunal, and the claim petition has been filed under Section 166 of the Motor Vehicles Act claiming compensation of Rs.10,00,000/- for the death of their eight year old son.

(3.) According to the claimants on 07.12.2014, the deceased Yuvaraj was walking along with his two classmates in Kotha Thimapuram village. At that time, a tractor bearing Registration No.AP-03-BF-6754, owned by the appellant and driven by his driver came on the way and the driver of the vehicle Kasi asked the children to get into the tractor for a ride. While the deceased tried to climb the tractor, the driver in a rash and negligent manner drove the tractor, in which, the claimants' son fell down between the front and back tyre and sustained multiple injuries and died on the spot. For the rash and negligent driving of the tractor belonging to the appellant and insured with the third respondent/insurance company, the claimants filed claim petition seeking compensation.