NEW INDIA ASSURANCE CO LTD Vs. P RAMULAMMA

JUDGEMENT

(1.) These appeals have been filed by the second respondent-insurer in O.Ps 87, 89 and 90 of 1988 on the file of Motor Accidents Claims Tribunal-District Court, Nellore, against the common order passed on 25th October, 1990.

(2.) Posini Venkaiah, Doddala Seshamma and Doddala Tirupalu, doing business in vegetables and milk, were travelling with their vegetable bags in tractor-trailer AAN 2204 and AAN 2335 on 7-2-1988 from their village Chenchuganipalem to Kavali after paying fare and freight charges. The tractor-trailer met with an accident due to rash and negligent driving resulting in the death of Posini Venkaiah and Doddala Seshamma and injuries to Doddala Tirupalu. The dependants of the two deceased persons and the injured filed the above O.Ps separately claiming compensation. The Tribunal, after considering the evidence on record, awarded a total compensation of Rs. 67,000/- to the claimants in O.P.No. 87 of 1988, Rs. 79,500/- to the claimants in O.P.No. 90 of 1988 and Rs. 15,000/- to the claimant in O.P.No. 89 of 1988. The owner and insurer were ordered jointly and severally to pay the compensation.

(3.) There is abundant evidence to establish the fact that the accident occurred due to rash and negligent driving of the tractor-trailer and this is indisputable. The victims of the accident were business persons dealing in vegetables. They were travelling in the tractor-trailer along with their bags of vegetables from their village to Kavali for marketing after paying fare and freight charges. These facts were spoken to by the serviving injured victim of the accident and they were also mentioned in Ex. A-1, a certified copy of FIR registered in respect of the accident. Therefore, I have no hesitation to hold that the victims of the accident were taking their vegetable bags in the tractor-trailer to market at Kavali after paying freight charges.