NATIONAL INSURANCE CO LTD Vs. BOORA APPAYYAMMA

JUDGEMENT

(1.) This appeal is directed against the order, dated 1.7.2002, in OP No.590 of 2000 on the file of the Motor Vehicles Accidents Claims Tribunal-cum- Additional District Judge, Vizianagaram, wherein the claim of the respondents 1 and 2 was allowed in part awarding compensation of Rs.1,35,000/- with interest @ 9% p.a. from the date of the petition.

(2.) Heard learned Counsel appearing for the appellant and the learned Counsel appearing for the respondents. Perused the record.

(3.) Respondents 1 and 2 filed the claim application seeking compensation of Rs.l,50,000/- on account of the death of the deceased-Sureedamma, who died in a motor vehicle accident that occurred on 1.6.1999. Claimants are the parents of the deceased. According to them, the deceased who was aged 14 years, was attending to labour work of loading and unloading in the tractor trail or bearing Nos.AP 5L 4338 AP 5X 3031 and on that day she was going by the tractor from Kassayyapeta to Bobbili and when the tractor was proceeding along the left side of the road, a Maruthi Car bearing No.WNW.2944 came on the wrong side in the opposite direction and dashed against the tractor trail or as a result of which the tractor trail or overturned and fell into a ditch resulting in the death of the deceased. According to the claimants, the accident occurred due to the rash and negligent driving of the Maruthi Car by its driver.