NEW INDIA ASSURANCE COMPANY LIMITED Vs. THOTAPALLE DASARATHA

JUDGEMENT

(1.) AGGRIEVED by the order dated 26.12.2006 passed in O.P. No. 3092 of 2004 on the file of Motor Accident Claims Tribunal -cum -III Additional Chief Judge, City Civil Courts, Hyderabad (for short 'the Tribunal'), the New India Assurance Company Limited preferred the present appeal, under Section 173 of the Motor Vehicles Act. For the sake of convenience, the parties will hereinafter be referred to as arrayed in the main OP.

(2.) THE claimants, who are sons of one T. Jangaiah, filed an application, under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs. 1,50,000/ -for the death of their father in a road accident that took place on 07.02.1996. It is stated that on the fateful day, the said Jangaiah was travelling in a tractor and trailer bearing registration Nos. AP 24T 3136 and 3137 respectively along with tent articles. When the tractor reached the outskirts of Rayalagandi bridge, due to rash and negligent driving of the tractor by its driver, the tractor hit a boulder and turned turtle. As a result of which, Jangaiah fell underneath the trailer and succumbed to injuries. In respect of the above incident, a case was registered against the driver of the tractor, and after completion of investigation, charge sheet was filed. Since the accident took place due to rash and negligent driving by the driver of the tractor and the 1st respondent is owner and the 2nd respondent is insurer of the tractor and trailer, both the respondents are jointly and severally liable to pay compensation to the claimants.

(3.) ON the basis of the above pleadings, the Tribunal framed the following issues: