NATIONAL INSURANCE CO LTD Vs. B RUDRAMMA

JUDGEMENT

(1.) This civil miscellaneous appeal is filed aggrieved over the award dated 21st April, 2008 passed in M.V.O.P. No. 566 of 2006 by the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Kurnool. The aforesaid claim petition was filed by the claimants, claiming compensation of Rs. 5,00,000/- on account of death of one B. Maddileti in a motor vehicle accident that took place on 9th June, 2005. It was averred in the claim petition that on 9th June, 2005 at about 1 p.m. the deceased B. Maddileti was proceeding in the tractor-trailer bearing registration Nos. AP 21-V 2919 and AP 21-V 2920 as a coolie. While the said tractor was crossing the unmanned railway gate No. 137 in between Kurnool town and Dupadu Railway Station, it being driven in rash and negligent manner, dashed against the train, as a result of which the said B. Maddileti died on the spot. It was further averred that at the time of accident, the deceased was aged 45 years and earning Rs. 4,000/- per month. The claimants being the dependents on the income of the deceased, filed the aforesaid claim petition claiming compensation.

(2.) The respondent No. 5 herein is the owner of the said tractor and trailer. He remained ex parte before the Tribunal. The appellant herein, being the insurer of the said tractor and trailer, filed the counter before the Tribunal, denying the averments made in the claim petition, the manner of accident and income of the deceased. It further stated that there was negligence on the part of the Railways for keeping the railway gate without any guard to watch the vehicular movements.

(3.) Based on the above pleadings, the Tribunal framed the following issues and additional issues for settlement: