NEW INDIA ASSURANCE CO LTD Vs. LAXMAMMA

JUDGEMENT

(1.) This civil miscellaneous appeal is filed being aggrieved by the judgment and decree dated 12.2.1993 passed in O.P. No. 343 of 1991 on the file of the Motor Accidents Claims Tribunal, Mahabubnagar. The respondent No. 2, New India Assurance Co. Ltd., in the O.P., is the appellant herein.

(2.) The respondent No. 1 herein, filed the above O.P. before the Tribunal below under section 166 of the Motor Vehicles Act claiming a compensation of Rs. 30,000 for the injuries received by her in the accident that occurred on 10.3.1991. She mentioned in the petition that on 10.3.1991, she along with other labourers of her village were engaged by respondent No. 1 for loading and unloading the bricks that were being transported to the house of respondent No. 1 in his tractor and trailer No. ATW 2194/AHH 2099 and at about 11.30 a.m., while they were taking the load of bricks in the trailer, the driver of the tractor drove the tractor at high speed and in rash and negligent manner and the tractor turned turtle with the trailer by the side of the road, resulting in injuries to the petitioner and other labourers, and she was shifted to Wanaparthy Hospital for treatment. It was further stated that she was 35 years old at the time of accident, and she received multiple injuries, and she sustained permanent disability to her left hand and she cannot do any work and that she was earning a sum of Rs. 25 per day by doing labour work.

(3.) The Tribunal below, upon consideration of the oral and documentary evidence, held that the accident occurred due to the rash and negligent driving of the tractor/ trailer No. ATW 2194/AHH 2099 by its driver and ultimately passed an award for the amount of Rs. 21,000 with interest at the rate of 15 per cent from the date of petition till the date of realisation.