NEW INDIA ASSURANCE CO LTD Vs. IJJAGIRI KANAHAMMA

JUDGEMENT

(1.) This is an appeal preferred by the New India Assurance Company, which is the 2nd respondent in O.P.No.1678 of 1992 on the file of the Motor Accident Claims Tribunal-cum-Additional District Judge, Karimnagar.

(2.) The averments of the petition are briefly as follows: The 1st petitioner is the wife, petitioners 2 to 4 are the minor children of the deceased Ijjagiri Yelaiah. he was about 35 years old and was working as a coolie earning Rs. 30/- per day. On 20-2-1992 was working as a coolie earning Rs. 30/- per day, On 20-2-1992 the deceased and others have taken a tractor and trailer AP-15-8830 and 8831 and proceeded on the said vehicle to attend Sammakka and Sarakka Jathara. The 1st respondent was the driver of the tractor. The deceased and others sat in the trailer. Due to the rashness and negligence of the driver in driving the tractor, it turned turtle and the deceased and others who were travelling in the trailer fell down on the road and the wheels ran over them, resulting in multiple injuries. The deceased succumbed to the injuries. The petitioners therefore claimed a sum of Rs. 1,00,000/- towards compensation under various heads.

(3.) The 2nd respondent filed a counter denying the accident and the liability of the insurance company.