NEW INDIA ASSURANCE CO LTD Vs. TOTTIKOLLA CHUKKAMMA

JUDGEMENT

(1.) THESE three appeals arise out of the awards passed in pursuance of the common order passed in O.P.Nos.869 of 1997, 41 and 42 of 1998, on the file of the Motor Accidents Claims Tribunal- cum - District Judge, West Godavari District at Eluru, dated 22.04.2002.

(2.) THE claims against the driver, owner and insurer of mini lorry No.AP 7V 1341 by the legal representatives/dependents of the three deceased for a compensation of RS.1,70,200/-, RS.2,00,000/- and RS.2,00,000/- respectively were on the basis that the three deceased who were agriculturists, purchased fertilizers along with some others on 03.11.1997 at Eluru and engaged the mini lorry for carrying the goods to their village. THE deceased also travelled along with their goods in the vehicle which fell into Tammileru canal at about 8.30 p.m. due to the rash and negligent driving by the first respondent. THE load and the lorry fell on the deceased resulting in their death and hence, the claims.

(3.) THE Tribunal examined P.Ws.1 and 2 in each claim and marked Exs.A-1 to A-4 and Ex.B-1 in each claim.