NEW INDIA ASSURANCE CO LTD Vs. CHELLURI CHANDRAVATHI

JUDGEMENT

(1.) This appeal arises out of the Decree and Judgment dated 12.10.2007 passed in MVOP No.983 of 2005 by the Chairman, Motor Accidents Claims Tribunal (II Additional District Judge), East Godavari District at Amalapuram, (for short 'the tribunal').

(2.) Heard learned Standing Counsel appearing for the appellant-insurance company and learned counsel appearing for the respondents.

(3.) The brief facts of the case of the appellant -insurance company are that the respondents 1 to 4 herein have filed a claim under Section 166 of the Motor Vehicles Act seeking compensation of Rs.4,00,000/- on account of the death of Chelluri Bhaskara Rao in a motor accident against the appellant and others. On the fateful day i.e., on 05.10.2005, the deceased was engaged as a labourer to load and unload coconuts on tractor and trailer bearing Nos.AP 5AL 3551 and AP 5 V 7404, and in the return trip, the deceased boarded the tractor and trailer. The first respondent drove the tractor in a rash and negligent manner at high speed and the deceased fell down from the tractor trailor on the road and trailer wheels ran over him causing crush injuries and while he was undergoing treatment in Care Hospital, Amalapuram, he succumbed to the injuries. The wife and children of the deceased (petitioners 1 to 4 in the OP) claimed compensation of Rs.4,00,000/- for the death of the deceased. The 3rd respondent requested the claim.