NEW INDIA ASSURANCE CO LTD Vs. M MALLAMMA

JUDGEMENT

(1.) This appeal is filed by the New India Assurance Company Limited, Karimnagar against the order and decree in O.P. 331 of 1994 on the file of the Motor Accidents Claims Tribunal, Karimnagar.

(2.) The facts of the case are that the O.P. was filed by the first respondent-herein/ claimant claiming a compensation of Rs. 1,00,000/- due to the injuries sustained by him in a motor vehicle accident on 25-12-1993, while he was travelling in a trailer No. APO 4860 which belongs to the 2nd respondent and which was insured with the 3rd respondent/appellant herein. The said trailer was attached to a tractor bearing No. ABP 8892. While the tractor was going towards Bommanapalli sivaru with morum load, because of the rash and negligent driving of the driver of the tractor, the trailer which is attached to the tractor severed and the 1st respondent/ driver of the tractor lost his control and the hook link between the tractor and trailer got detached and the tractor as well as the trailer turned turtle and the claimant fell down from the trailer and sustained grievous injuries on the upper portion of his both thighs. Aggrieved by the said accident, the claimant filed the O.P.

(3.) Before the Tribunal the driver-cum- owner of the tractor ABP 8892 and the owner of the trailer APO 4860 filed common counter-affidavit contending that there was no rash and negligent driving of the tractor by its driver, and the trailer turned turtle as the hook between the tractor and trailer got detached.