S VENKATA SUBBAIAH Vs. KODAVALI CHINNAPPA

JUDGEMENT

(1.) This appeal arises out of the order and decree in O.P. No. 105 of 1994 on file of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Madanapalle.

(2.) On 17.12.1993 at about 8 a.m., Kodavali Sekhar Babu, a boy aged 8 years, boarded a tractor bearing registration No. AP 03-8015 (to which a trailer bearing registration No. APK 2695 was attached), at Kondreddigaripalle to go to Vijaya Bharathi School at Madanapalle, with the permission of the driver of the tractor. He sat behind the driver of the tractor. When the tractor and trailer reached near the field of Bheemireddi, the driver of the tractor while driving the same in a rash and negligent manner, applied sudden brakes. Then Sekhar Babu fell down from the tractor, he was run over by the same and died on the spot. The claimant-respondent Nos. 1 and 2 herein, who are the parents of the deceased boy, filed the O.P. claiming a total compensation of Rs. 1,00,000 under all the heads put together.

(3.) The owner of the tractor (respondent No. 1 in the O.P. and the appellant herein) filed the written statement contending that there was no rashness or negligence on the part of the driver of the tractor in driving the same; that the driver of the tractor did not allow the deceased to board the tractor; and the deceased while running behind the tractor to catch the tractor came under the wheel of the tractor; that the trailer was having a load of manure; and that therefore the respondent No. 1 is not at all liable to pay any compensation to the claimants.