NEW INDIA ASSURANCE COMPANY LIMITED MAHABOOBNAGAR Vs. KISTAMMA

JUDGEMENT

(1.) This appeal was fiJed by the New India Assurance Company Limited by its Branch Manager, Mahaboobnagar against the judgment and decree passed in O.P.No. 67 of 1990 on the file of the Chairman, Motor Accidents Claims Tribunal (for short Tribunal) Mahaboobnagar dated 9-9-1992 awarding a compensation of Rs. 51,000-00 together with interest at the rate of 12% per annum for the death of Venkataiah who was aged about 20 years at the time of accident.

(2.) The learned Counsel for the appellant contended that the award passedby the Tribunal below is illegal on the ground that the deceased was not an employee of the first respondent, who was the owner of the Tractor, which involved in the alleged accident as deposed by him as R.W. 1, and that the deceased was travelling as an unauthorised passenger on the tractor, which is not meant for carrying any passengers. The learned Counsel for the appellant further submitted that the award passed by the Tribunal below is illegal and contrary to the law laid down by the Supreme Court Judgment in Employ, -s State Insurance Corporation vs. Francis De Costa. The learned Counsel for the appellant further submitted that the deceased was travelling as a passenger in a goods vehicle and therefore the petitioners in the O.P. are not entitled for any Compensation as held by the Tribunal below. Therefore, the appellant sought for the interference of this Court and prayed to set aside the award passed by the Tribunal below.

(3.) To appreciate the contentions raised by the Counsel for the appellantit is better to have a glance at the matrix of the facts of the case. The deceased was aged about 23 years at the time of the accident. On 1-3-1989 when the deceased was working as a cooli on tractor bearing No. AA 3190 of the first respondent, which was insured with the Respondent No. 2, the deceased along with other labourers unloaded the bricks at Kakalapad village and when they were returning from there the said Tractor crossed Boyapally village and at that time the driver of the tractor drove it in high speed and in a rash and negligent manner and lost control over the same and therefore the tractor fell on the road side, as a result of which the deceased and other labourers sustained bleeding injuries and the deceased died on the spot due to injuries. The deceased wasearning Rs. 30/- per day and Rs. 20/- per day as batta. Therefore, the above claim petition was filed by the dependants of the deceased wife, two minor children and parents for grant of compensation of an amount of Rs. 1,00,000-00 for untimely death of their bread winner.