JALLI KRISHNAIAH Vs. G SUDHAKER REDDY

JUDGEMENT

(1.) This appeal is filed by the appellants-claimants aggrieved by the Order and Decree dated 24.01.2008 passed in M.V.O.P.No.357 of 2007 by the Motor Accidents Claims Tribunal (District Judge) at Khammam (for short, the Tribunal).

(2.) The brief facts of the case are that appellant No.1 is the husband and appellant No.2 is the daughter of the deceased, Jalli Yellamma, respectively. On 22.11.2005, the deceased attended her coolie work on tractor bearing No.AP4C 3649, and while returning to her house at about 6.30 pm., on the way at Patha Irsulapuram stage, the driver of the said tractor drove it in a rash and negligent manner with high speed, due to which, the deceased who sat beside the driver of the tractor, fell down on the road and sustained grievous injuries all over the body. While shifting the deceased to the hospital, on the way, she succumbed to injuries. The claimants filed aforesaid OP claiming compensation of Rs.3,00,000/- against respondent Nos.1 and 2, owner and insurer of the tractor, respectively, for the death of the deceased.

(3.) Before the Tribunal, respondent No.1 remained ex parte. Respondent No.2 filed its counter denying the averments of the claim petition and contended that the amount claimed is excessive and prayed to dismiss the claim petition.