V. JYOTHI Vs. PIONEER BUILDERS

JUDGEMENT

(1.) The unsuccessful claimant preferred the present appeal aggrieved by the order dt. 9-2-2005 passed in MVOP No.262/2001 on the file of Motor Accidents Claims Tribunal-cum-I Additional District Judge, Chittoor.

(2.) The facts which led to filing of the appeal are as follows: The appellant is the owner of the tractor and trailer bearing registration Numbers AP 21 V 0306 and AP 21 V 0307 respectively. The driver of the said tractor was one Guntappa. He was having driving licence No.5081. While the said driver was driving the tractor slowly from Tirupati to Anjaneyapuram and when the tractor reached Karakambadi, he noticed lorry bearing registration No. AP 02 1835 of the first respondent coming in high speed in a zig zag manner. On seeing the said vehicle, the tractor driver slowed down the vehicle and moved it to the left side of the road. In spite of taking all precautions, the lorry driver who was driving the vehicle in a rash and negligent manner lost control of the vehicle and dashed against the tractor. As a result of the said accident, the vehicle ie., tractor and trailer got badly damaged and one Babu died on the way to the hospital. In respect of the said incident, a case in Cr.No.32/2001 under Section 304-A and 337 IPC of Renigunta Police Station was registered against the driver of the lorry.

(3.) Immediately, after the incident, the said tractor and trailer was shifted to Sri Lakshmi Venkateswara Tractor Works, situated at Tiruchanur Road, Tirupati for effecting repairs. The damage caused to the tractor was assessed at Rs.99,187/-. Sri Rama Krishna Engineering Works assessed the damage to the trailer at Rs.24,665/-. Both of them issued their estimations. The lorry of the first respondent company was insured with the second respondent and thus, both of them are jointly and severally liable to pay compensation to the appellant.