SADEY YEDUKONDALU Vs. VYTHLA VEERABHADRA RAO

JUDGEMENT

(1.) Challenging the order dtd. 16/6/2007 passed in M.V.O.P.No.1063/2004 on the file of Motor Accidents Claims TribunalI Addl.District Judge, Rajahmundry, the appellants/claimants filed the appeal.

(2.) The appellants/claimants filed claim petition before the learned Tribunal U/s.166 of Motor Vehicles Act, 1988 claiming compensation of Rs.2,00,000.00 for the death of S.Mohan Kumar @ Srinu, alleging that on 2/6/2003 Sadey Mohan Kumar @ Srinu only son of these claimants proceeding on his cycle towards Pamarru side to his village Amujuru and at about 07.30 p.m., when he reached near Field Canal Bridge, then tractor and trailer bearing No.AP 5T 4600 and AP 5T 3019 driven by the 1st respondent in a rash and negligent manner at high speed dashed the cycle of said Mohan Kumar, due to that he fell down and rear side wheel of tractor ran over his head, caused instantaneous death; Thus, the accident was occurred due to rash and negligent driving of 1st respondent driver of tractor and trailer and they are insured with respondents No.3 and 5; The deceased is only son of claimants and he is working as a cycle repairer, aged about 13 years and earning a sum of Rs.80.00 per day; The said accident was registered as a case in Cr.No.53/2003 against the 1st respondent by Pamarru Police.

(3.) The 1st respondent filed written statement, denying the allegations and contended that the accident was occurred due to the negligence of deceased only, as such, there is no liability on the part of respondents No.1 and 2; The vehicle is insured with the 3rd respondent; The 1st respondent is having valid driving licence. There is no rash and negligent act on the part of 1st respondent for occurring the accident.