NALLAGANTHULA SATHAIAH Vs. UNITED INDIA INSURANCE COMPANY

JUDGEMENT

(1.) THE appeal and cross objections arise out of the award dated 07 -01 -2005 passed O.P.No.434 of 2001 by the Chairman, Motor Accidents Claims Tribunal -CUM -I -Additional District Judge, Nalgonda. The Tribunal awarded compensation of Rs.1,95,000/ -. The Insurance Company is challenging the said award in M.A.C.M.A.No.492 of 2005. The claimants in the cross -objections are seeking enhancement of compensation.

(2.) THE parties hereinafter will be referred to as they are arrayed before the Tribunal for the sake of convenience.

(3.) ON 23 -01 -2000 at about 8 a.m., the deceased was ploughing the land of one Yadagiri Reddy at Garlakuntapalem of Nidmanoor with the Tractor bearing No.AP -26 -T -462. It is not in dispute that the 1st respondent -Sri V.Srinivasa Reddy was the owner of the Tractor and the said Tractor was insured with the 2nd respondent Insurance Company. It is also not in dispute that the deceased was driving the Tractor at the time of accident. It is also not in dispute that the accident occurred when the said Tractor was used for ploughing the land of Yadagiri Reddy. It is the contention of the claimants that the deceased was earning Rs.3,000/ - per month and supporting them.