NATIONAL INSURANCE COMPANY LIMITED Vs. SIRIKONDA LALAIAH

JUDGEMENT

(1.) This appeal is preferred by the appellant/insurer questioning the order of the Motor Accident Claims Tribunal-cum-IV Additional District Judge (III FTC), Khammam (for short, the Tribunal) in M.A.T.O.P.No.320 of 2001 dated 05-08-2005.

(2.) Brief facts of the case are that on 20-05-1997, when the claimant along with one 'band melam' reached the Pedamadempalli village and while they were playing music in a marriage, the tractor bearing No.AP-20T-359 which belongs to 4th respondent herein dashed against him as it was hit by another tractor bearing No.ATK 3834 which belongs to 3rd respondent herein, driven by 2nd respondent herein, as a result of which, he sustained multiple fractures and injuries to all over the body. A case was registered against Tractor driver bearing No.AP 20T 359. Hence, he filed the claim petition against the appellant and respondent Nos.2 to 4 herein claiming compensation of Rs.75,000/- for the injuries sustained by him.

(3.) In the claim petition, the appellant-insurer, 4th respondentowner of the tractor bearing No.AP 20T 359, and the 5th respondent-insurer filed their counters denying the allegations and contended that the amount claimed by the claimant is highly excessive and that they are not liable to pay any compensation and therefore prayed to dismiss the claim petition.