SK PEERAMMA Vs. DAME MASTHANAIAH

JUDGEMENT

(1.) This appeal is directed against the order dated 19-8-1997 in OP No. 266 of 1992 on the file of the Motor Accidents Claims Tribunal (II Additional District Judge), (for short 'Tribunal') Nellore, wherein the claim of the appellant herein was allowed in part awarding compensation of Rs. 28,500/- with interest at 12% per annum from the date of petition.

(2.) The appellant herein filed claim application before the Tribunal claiming compensation of Rs. 1,75,000/- on account of the death of her deceased son, Sk. Jeelani, who died in a motor vehicle accident that occurred on 13-6-1990. According to the claimant, on that day the deceased was engaged as a coolie in the tractor bearing No. AP 27 T 557 trailer bearing No. AP 27 T 559 belonging to first respondent, and at about 4 p.m. the deceased who was travelling as a coolie in the tractor fell down due to rash and negligent driving of the tractor by its driver and the wheels of the trailer ran over the deceased, who died while undergoing treatment, it is further pleaded that the deceased was aged 20 years and was earning Rs. 30/- perday and the claimant, the mother of the deceased, was purely dependent on the income of the deceased.

(3.) The first respondent-owner of the tractor-trailer remained exparte. The 2nd respondent-insurer filed a counter before the Tribunal opposing the claim and denying their liability to pay the compensation and further contending that the deceased was travelling as unauthorized passenger in the tractor- trailer and the driver was also not having valid driving licence and so, the insurance company is not liable to pay the compensation.