UNITED INDIA INSURANCE COMPANY Vs. SMT. VELPURI SAROJA

JUDGEMENT

(1.) This appeal is filed by the insurance company challenging the award dated 31.12.2008 in OP.No.661 of 2006 passed by the Chairman, Motor Accident Claims Tribunal cum V Additional District Judge, Karimnagar.

(2.) The facts of the case are as under:

(3.) It is not in dispute that the deceased is the son of the respondent No.1 and he was driving the offending tractor on 25.01.2006. The case of the claimants is that when the deceased was ploughing the land of Velpuri Rajam of Nimmnapalli village, the tractor turned turtle since its wheels got heavy mud into them due to which the deceased fell down form the tractor and succumbed. It was stated in the claim petition that the deceased was 38 years and earning Rs.7,500/- per month on his agriculture and as driver on the offending vehicle. A case in Cr.No.32 of 2006 was registered in the Peddapalli Police Station for the offence under Section 304-A of the Indian Penal Code.