NATIONAL INSURANCE COMPANY LTD Vs. KODIMALA VENKATAMMA

JUDGEMENT

(1.) This appeal is preferred by the appellants/respondents 2 & 3/insurance company questioning the order of the Chairman, Motor Accidents Claims Tribunal-cum-VI Additional District Judge (III FTC), Warangal at Mahabubabad (for short, the Tribunal) in M.V.O.P.No.1457 of 2006 dated 07.11.2007.

(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 & 4 are the sons and 3rd petitioner is the daughter of the deceased-Komuraiah. The deceased was working as labour on a tractor trailer bearing No.AP-36T7026 and 7027 on a monthly salary of Rs.4,000/-. On 31.07.2005, the deceased along with other labourers attended labour work on a tractor trailer bearing o.AP-36T-7026/7027. While they were returning back to their houses and when the said tractor trailer reached near Turupu thanda at about 7.00 p.m., in the meantime, the driver of the said tractor and trailer drove it in a rash and negligent manner with high speed and lost control over it, as a result, the said tractor turned turtle and the deceased fell down and died on the spot. The said accident occurred due to the rash and negligent driving of the driver of the tractor. Hence, the petitioners filed the claim petition claiming compensation of Rs.4,00,000/-, payable by respondents 1 to 3, the 1st respondent being the owner and respondents 2 & 3 being the insurers of the offending tractor.