ORIENTAL INSURANCE COMPANY LIMITED Vs. T MALLAMMA

JUDGEMENT

(1.) This appeal is directed against the award and decree dated 26-4-1993 made in O.P.No.308 of 1991 filed under Sec.166 (c) of the Motor Vehicles Act, on the file of learned Motor Accidents Claims Tribunal- cum-District Judge, Karimnagar, seeking compensation of Rs.1,00,000-00 on account of the death of the deceased by name Thudi Venkataiah in a motor accident.

(2.) The deceased-Thudi Venkataiah along with others were engaged as labourers on 7-4-1991 to load and unload the bamboo sticks on a tractor bearing No.APO-4165. While so on their return journey to Madka Village from Shanagonda village, the tractor was driven at high speed and in a rash and negligent manner thereby the deceased fell down at the outskirts of Shanagonda village at about 6.00 p.m. from the tractor and came under the wheels of the tractor, that thereafter the deceased died in the Headquarters Hospital, Karimangar. On preferring complaint, a case has been registered against the accused. On account of the death of the deceased, the claimants filed the petition seeking compensation of Rs.1,00,000-00 under different heads.

(3.) The claim of the claimants was resisted by the respondents-Insurance Company, owner and driver of the tractor.