BODDUPALLY PADMA CHITTEMMA Vs. CH. RANGA RAO

JUDGEMENT

(1.) This appeal is filed by the appellants-claimants aggrieved by the Order and Decree dated 17.08.2005 passed in O.P.No.1050 of 2004 by the IV Additional Chief Judge-cum-MACT-CCC-Hyderabad (for short, the Tribunal).

(2.) For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the Tribunal in the original petition.

(3.) The brief facts of the case are that the 1st petitioner is the wife, petitioners 2 & 3 are the children and the 4th petitioner is the mother of the deceased-B.Bakkaiah. On 16.09.1996 at about 12.00 noon while tractor-trailer bearing No.AP 26T 1067 and 1068 was proceeding with labourers from Gowlidoddi to Patancheru, on the way due to rash and negligent driving of the tractor, it turned turtle at Gopanpally Thanda, due to which the deceased and other labourers sustained grievous injuries. Immediately they were shifted to Hospital and while shifting to hospital, the deceased died. The deceased was hale and healthy and earning Rs.3,000/- per month at the time of the accident. Due to the death of the deceased, the petitioners lost the bread-earner of the family. The accident occurred only due to the rash and negligent driving of the driver of the tractor. Hence, the petitioners filed the claim petition claiming compensation of Rs.3,40,000/-, payable by both the respondents, who are owner and insurer of the offending tractor.