NATIONAL INSURANCE CO. LTD. Vs. MINIGALA MANGAMMA

JUDGEMENT

(1.) The National Insurance Company Ltd., who is the 2nd respondent in M.V.O.P.No.1247 of 2008, has filed the present appeal being aggrieved by the award of the Motor Accidents Claims Tribunal (District Judge) Guntur, dated 17.09.2009.

(2.) On 03.03.2007, Mr. Sivannarayana (deceased) was employed by the owner of the tractor-trailer, viz., Mr. A. Ratnakar Rao, respondent No.3 herein, to load and unload gravel in the tractor-trailer of the 3rd respondent herein bearing registration Nos.AP-07W-7452 and AP7W-7453. On 04.03.2007, while the deceased Sivannarayana was coming with gravel in the tractor-trailer, the driver of the tractor-trailer drove the vehicle in a rash and negligent manner, as a result the trailer fell down from the bridge resulting in injuries to Sivannarayana, which ultimately resulted in his death on 05.03.2007. Respondent No.1, who is the mother of the deceased and respondent No.2, who is married sister of the deceased, filed the above OP for compensation by making a claim of Rs.3,00,000/-.

(3.) The MACT after due trial, found that the accident occurred due to the rash and negligent driving of the driver of the tractor-trailer and proper compensation, on account of the demise of Sivannarayana, would be a sum of Rs.2,90,000/-. This award was made against the owner of the tractor-trailer, who is respondent No.3 herein, as well as the insurance company, which is the appellant herein.