MANTHANI KITTAMMA Vs. TIPPIREDDY VEERA REDDY

JUDGEMENT

(1.) This appeal was filed by Manthani Kittamma the wife of the deceased Manthani Shanker, against the judgment and decree dated 27-12-1994 in OP No.152 of 1994 on the file of the Chairman (I Additional District Judge), Motor Accident Claims Tribunal, Karimnagar, for enhancement of compensation, for the untimely death of the deceased in a motor vehicle accident that was occurred on 12-12-1993 at about 10-00 a.m. when the deceased was working in Kallam of Manthani Rajaiah for thrashing the paddy crop the first respondent being driver of the tractor bearing No.AIF-693 engaged by the said Rajaiah, drove it in a rash and negligent manner and it gave jerks and the gears of the tractor failed and it fell on the deceased, as a result of which he sustained injuries and succumbed to the same. Therefore, the widow claimed an amount of Rs.2,00,000.00 by way of compensation for the untimely death of the deceased.

(2.) The claim was resisted by the respondents 1 and 2, owner of the vehicle and the Insurance Company, denying the assertions and averments made in the petition that the accident was occurred due to the rash and negligent driving of the tractor driver and stated that the amount of compensation claimed is exorbitant, excessive and therefore, liable to be rejected.

(3.) On the basis of the pleadings, the Tribunal below framed the following issue: