ORIENTAL INSURANCE COMPANY LIMITED Vs. S RAMANJANEYULU

JUDGEMENT

(1.) THE Appellant, Oriental Insurance Company Limited, represented by its Branch Manager, filed this appeal challenging the award, dated 04.10.2006, in O.P.No.113 of 2005, on the file of the Motor Accidents Claims Tribunal-cum-V Additional District Judge, Fast Track Court, Anantapur, whereunder and whereby, the Tribunal awarded a compensation of Rs.2,00,000/- by granting Rs.50,000/- to the first respondent, who is the husband of the deceased and Rs.75,000/- to the second and third respondens who are children of the deceased with interest at the rate of 7.5% per annum from the date of the petition till the date of realization.

(2.) THE appellant is the second respondent before the Tribunal. THE first respondent herein is the husband of the deceased and the second and third respondents are the children of the deceased before the Tribunal. THE fourth respondent herein is the first respondent/driver and owner of the tractor and trailer bearing No.AP 02C 7919 and 7920.

(3.) THE case of the claimants is that the first respondent, who is the holder of the tractor and trailer bearing No.AP 02C 7919 and 7920, engaged the deceased and others as coolies to harvest and transport groundnut from his fields to their Village Diguvapalli. While they were returning from the fields to their village in the tractor and trailer, the driver of the said tractor drove the same in a rash and negligent manner, as a result of which the tractor and trailer turned turtle and the deceased sustained injuries and later died. It is also the case of the claimants that the deceased was aged about 25 years and was earning Rs.2,000/- per month by doing agricultural coolie work and she was one of the earning members of their family. Muchukota Police Station registered a criminal case in Crime No.69 of 2004 against the first respondent/owner and driver of the tractor and trailer.