ASARI POTHALINGSM Vs. LAMBADI MAMJI

JUDGEMENT

(1.) THE award in O.P. No.669 of 1998 on the file of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Nizamabad, dated 30-08-2001 is the subject of both the appeals, C.M.A. No.3116 of 2003 being at the instance of the insurer, while C.M.A. No.787 of 2003 is at the instance of the claimants. A. Rajeshwar, a labourer, claimed to be earning Rs.3,000/- per month at the age of 19 years is the son of claimants 1 and 2 and the brother of claimant No.3. THE claimants claimed to be dependents on Rajeshwar said to be contributing his earnings to them and Rajeshwar was travelling in the trolley attached to tractor No.AP 25D 4775 on 04-06-1998. Near Nadpally village, the tractor was driven in high speed rashly and negligently at about 11 P.M. and on the tractor and trolley turning turtle, Rajeshwar fell under the trolley and died on the spot with injuries. Hence, the claim for a compensation of Rs.3,00,000/- from the owner and the insurer of the tractor.

(2.) THE owner of the tractor-trailer remained ex parte, while the insurer claimed that none of the allegations of the claimants are admitted, which they have to strictly prove. THE claim was contested as excessive and was requested to be dismissed. THE Tribunal framed issues about the responsibility for the accident and the quantum of compensation to which the claimants are entitled.

(3.) THE finding of the Tribunal that the accident occurred due to the rash and negligent driving by the driver of the tractor and trailer is not challenged by any party and the ownership of the vehicle with the 1st respondent and the insurance of the tractor with the 2nd respondent to the claim are not in dispute. THE absence of any separate insurance for the trailer is also not in dispute. THE relationship of the claimants with the deceased is not questioned. THE conclusions of the Tribunal about the deceased being aged about 19 years and being a labourer by avocation are also not in issue.