UNITED INDIA INSURANCE CO LTD Vs. BALASWAMY

JUDGEMENT

(1.) This appeal is directed against the order dated 04.03.2008 in OP No. 595 of 2002 on the file of the MACT cum Principal District Judge, Mahabubnagar, wherein, the claim application filed by the respondents 1 to 4 herein under Section 166 of the Motor Vehicles Act, was allowed in part, awarding compensation of Rs,1,90,000/- with interest at 7.5% per annum from the date of petition. Heard the learned counsel for the appellant and the learned counsel for the respondents 1 to 4. Perused the record.

(2.) The respondents 1 to 4 herein filed claim application seeking compensation of Rs,2 lakhs for the death of the deceased Chennamma @ Chinnamma, who died in a motor vehicle accident that occurred on 15.01.2002. The first claimant is the husband and claimants 2 to 4 are the children of the deceased Chinnamma. According to the claimants, on that day, the deceased along with other coolies, was travelling in a tractor-trailer bearing No. AP 23D 274 & 275 to go to Mamidipalli village and when the vehicle reached near Prathibha school after crossing Vemulawada, on account of rash and negligent driving by its driver, the vehicle over-turned and fell into a road side ditch, as a result of which, the coolies travelling in the vehicle sustained multiple injuries and the deceased and another died on the spot. A case in Cr.No. 5 of 2002 was registered by Vemulawada Police against the driver of the tractor-trailer. According to the claimants, the deceased was aged 40 years and was earning Rs,80/- per day from coolie work and that she was engaged for road construction work.

(3.) The 5th respondent herein-owner of the vehicle filed counter, opposing the claim and denying his liability, inter-alia on the ground that the deceased was a stranger and she was not a coolie engaged by him to work on the tractor. The appellant herein -insurer filed separate counter, denying their liability, inter-alia contending that the risk of the unauthorized persons, travelling in the tractor-trailer is not covered by the policy and the deceased was not a labourer to work on the tractor.