NEW INDIA ASSURANCE CO. LTD. Vs. GOPI ILAIAH

JUDGEMENT

(1.) This appeal is filed by the appellant/2nd respondent/insurance company aggrieved by the Order and Decree dated 17.11.1999 passed in O.P.No.77 of 1996 by the Chairman, Motor Accidents Claims Tribunal (II Additional District Judge), At Nalgonda (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 petitioner is the owner of the tractor and trailer bearing No.APL 5008 and 5009. On 08.04.1995 at about 10.99 p.m., the brother of the petitioner Gopi Srisailam was driving the tractor from Choutuppal to Kaithapuram after getting it repaired at Choutuppal and at Kaithapuram bus stage suddenly a car bearing No.AP-9-R-T/R 1976 belonging to the 1st respondent, coming from Hyderabad side dashed to the tractor and trailer. Consequently, the driver and his brother sustained injuries and the tractor was broken into pieces. The cabin was broken. The petitioner has spent Rs.80,000/- for repairs of tractor. They were getting Rs.3,000/- per month on use of tractor. Hence, the petitioner filed the claim petition claiming compensation of Rs.1,00,000/-, payable by both the respondents, being the owner and insurer of the offending car.