TEGACHERLA PULLAMMA Vs. M. SUDHAKAR REDDY

JUDGEMENT

(1.) This Appeal is preferred by the claimants being aggrieved with the award dtd. 25/4/2006 passed by the Motor Accidents Claims Tribunal-cum-Principal District Judge, Nellore in Original Petition No. 618 of 2004 granting compensation of Rs.1,85,000.00 as against the claim of Rs.5,00,000.00.

(2.) The claimants, who are wife, children and parents of one Tegacherla Venkataramaiah (hereinafter referred to as 'deceased'), filed the above claim petition under Sec. 166 of the Motor Vehicles Act, claiming compensation of Rs.5,00,000.00 for the death of the deceased. On 9/1/2004, the deceased and other villagers boarded a tractor bearing No. A.P.26/U-194 to attend a meeting at Podalakur and after the meeting, while they were waiting at the gate, the driver of the tractor, drove it in a rash and negligent manner and dashed the compound wall of the gate, resulting which, the compound wall fell on the deceased and the deceased received injuries and died on the spot. The deceased was aged about 30 years and used to earn Rs.3,000.00 per month as Maistry as on the date of accident. Hence the claim petition.

(3.) The 1st respondent filed counter denying the contents of the petition and disputed the accident, earning capacity of deceased and dependency. Further contended that as the vehicle was insured with the 2nd respondent, he is not liable to pay any compensation.