NALLAMALA GEETHAMMA Vs. M. MOHANACHARI

JUDGEMENT

(1.) Challenging the order dt.31/1/2011 in M.V.O.P.No.14/2009 passed by the Motor Accidents Claims Tribunal-cum-V Addl.District Judge, Rayachoty, Kadapa District granting compensation of Rs.3,22,970.00 against their claim of Rs.5,00,000.00, the appellantsclaimants preferred the instant M.A.C.M.A.

(2.) On 28/4/2008, during wee hours N.Venkata Ramana (hereinafter referred as 'the deceased') along with others went in a tractor bearing No.AP 04 T 8932 as a coolie. After loading the wooden logs in the tractor-cum-trailer, while returning from the Mango garden situated between Devapatla - Guttapalli, the driver of the tractor had driven the vehicle in a rash and negligent manner and lost control over the vehicle, as a result, the tractor fell into a pit. The deceased had sustained head injury and died on the spot near S.T.Colony, Devapatla. Later, the claimants, who are the heirs of the deceased, filed the petition.

(3.) The 1st respondent proceeded exparte. The 2nd respondent filed written statement opposing the claim and contended that the 1st respondent has violated the terms and conditions of the insurance policy and also vehicle being non-transport vehicle, should not be used as a transport vehicle. The owner of the vehicle permitted to use the vehicle for transporting firewood and the coolies by violating the terms and conditions of the insurance policy. The accident occurred due to mechanical defect of the tractor. The amount of compensation claimed, is exorbitant.