NEW INDIA ASSURANCE CO LTD Vs. ARE POSHANNA

JUDGEMENT

(1.) Respondents 1 to 4 filed a claim petition seeking compensation of Rs. 2,00,000/- from respondents 5 and 6 and the appellant who are the driver, owner and insurer of the Tractor bearing No. API.T. 5337 alleging that when Srinivas (the deceased), who is son of respondents 1 and 2 and brother of respondents 3 and 4, was working in the fields of Muthyamreddy, fifth respondent, while driving the tractor, belonging to the sixth respondent and insured with the appellant; in a rash and negligent manner ran the tractor over the deceased resulting in his instantaneous death and since. the deceased was earning Rs. 1,500/- per month and was aged about 19 years at the time of his death, they are entitled to Rs, 2,00,000/- as compensation from the respondents 5 and 6 and the appellant

(2.) Respondents 5 and 6 filed a counter contesting the claim contending that the accident occurred only due to the negligence of the deceased. Appellant also filed a counter contesting the claim mainly on the ground that it is not liable to pay any compensation, because the accident did not occur in a public place.

(3.) In support of their case respondents 1 to 4 examined two witnesses as P.Ws.1 and 2 and marked Exs.A1 to A.5. No evidence either oral or documentary was adduced by respondents 5 and 6 or the "appellant. The Tribunal having held that the accident occurred due to the rash and negligent driving of the fifth respondent, awarded Rs. 2,00,000/- as compensation to respondents 1 to 4 against the respondents 5 and 6 and the appellant jointly and severally. Hence, this appeal by the insurer.