NEW INDIA ASSURANCE CO LTD Vs. THIPPAMMA

JUDGEMENT

(1.) The appeal is filed for challenging the order passed in the Motor Accidents Claims Tribunal, Mahabubnagar in O.P.No.140 of 1990.

(2.) Respondent No.1 is the mother while respondent No.2 is the mother- in-law and respondent No.3 is the daughter of one M. Parvathamma. The said Parvathamma is hereinafter referred to as the 'deceased'. Respondent No.4 is the owner of the tractor bearing No.AAM 3236. The said tractor was admittedly insured with the appellant. On 2-1-1990 in the afternoon the deceased, who was a labourer employed by respondent No.4 for loading and unloading sand carried in the Trolley of the Tractor, was travelling in the said Tractor. When she was so travelling the driver of the Tractor due to rash and negligent driving caused the throwing out of the trolley from the Tractor resulting in fall of deceased. As a result of the said fall, the deceased received injuries and succumbed to them subsequently. The deceased was about 25 years of age and was working as a labourer earning daily wages. Due to her death, claim was made by respondents 1 to 3 before the Tribunal.

(3.) Respondent No.4 challenged the claim. He denied that the accident took place due to rash and negligent driving of the Tractor by the driver. However, he did not disown the ownership of the Tractor and trolley, nor did he disown relationship of employer and employee between him and the deceased. It was however urged that the claim was excessive and exhorbitant. Lastly it was said that whatever the liability, it was of Insurance Company (appellant) and not of respondent No.4.