GANGINANI PITCHAMMA Vs. PALLA BALAKRISHNA

JUDGEMENT

(1.) One Mr. Gangineni Kotaiah, husband of the 1st appellant and father of the 2nd appellant is a resident of Khambhampadu Village, Nuzendla Mandal, Guntur District. On 03.01.1996 at 8:00 pm., he was standing in his field. A tractor bearing No. ADW 5962, owned by the 1st respondent, is said to have dashed against Kotaiah and that he was shifted to Government Hospital, Vinukonda for treatment and later on, he was treated in Government Hospital, Guntur. Kotaiah is said to have died on 04.01.1996 at 6:00 pm. The appellants filed M.V.O.P.No. 196 of 1996 before the Motor Accident Claims Tribunal-cum-IV Additional District Judge, Guntur, claiming compensation of Rs. 50,000/-. The 1st respondent remained ex parte and the 2nd respondent contested the OP. It denied the liability, on the ground that the accident did not occur in a public place Through order, dated 23.09.1999, the Tribunal dismissed the O.P. on the ground that the accident has taken place in an agricultural field and Section 140 of the Motor Vehicles Act (for short 'the Act') does not get attracted. Hence, this appeal.

(2.) Heard Sri N.Subba Rao, learned counsel for the appellants and Sri Samineni Kishore, learned counsel for the 2nd respondent.

(3.) The occurrence of the accident and the death of Kotaiah therein are not disputed. On behalf of the appellants, P.Ws.1 and 2 were examined and the documents pertaining to registration of case and post mortem certificate are filed as Exs.A.1 to A.3. The 2nd respondent itself filed a copy of the insurance policy marked as Ex.B. 1. The only question was as to whether the respondents can be held liable to pay compensation, if only the accident had occurred in a public place.