NEW INDIA ASSURANCE COMPANY LIMITED Vs. MAHMOODA BEE

JUDGEMENT

(1.) This appeal is preferred by the appellant/2nd respondent/insurance company questioning the order of the Chairman, Motor Vehicles Accidents Claims Tribunal-cumThe Principal District Judge, Medak, at Sangareddy (for short, the Tribunal) in O.P.No.533 of 2001 dated 22.02.2005.

(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 and the 2nd petitioner is the mother of the deceasedSyed Mastan Ali Shah. On 27.04.2001 at 8.00 a.m., the deceased and others were going in a Tractor bearing No.AP23/T-6464 and Trailer bearing No.AHB-3260 from Ranjole to Zaheerabad, when its driver all of a sudden started it, the deceased fell down from the trailer and the rear wheel of trailer ran over him, causing serious injuries and on the way to Hospital, he succumbed to the injuries. The deceased, who was aged about 22 years was doing tailoring and labour work and earning Rs.5,000/- per month, which he was contributing to the petitioners. Hence, the petitioners claimed compensation of Rs.2,00,000/- payable by both the respondents, who are owner and insurer of the crime vehicle.