S.CHINNAMMA @ RATANAMMA Vs. A. SUDHAKAR REDDY
HIGH COURT OF ANDHRA PRADESH
S.Chinnamma @ Ratanamma
A. Sudhakar Reddy
Referred Judgements :-
RAMACHANDRAPPA VS. MANAGER,ROYAL SUNDARAM ALLIANCE INSURANCE CO.LTD(R)
ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.,CHENNAI VS. GOLLAPUDI MADHAVI
JAMI NIRMALA AND OTHERS VS. CHAVALI MARY RANI
NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI
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NINALA JAYASURYA,J. -
(1.)This is an Appeal filed by the claimants, aggrieved by the judgment and decree dated 06.07.2005 in M.V.O.P.No.560 of 2004 passed by the
Motor Accidents Claims Tribunal-cum-Principal District Judge, Kurnool
(herein after referred to as Claims Tribunal), whereunder the Claims
Tribunal granted a compensation of Rs.1,33,000/- as against a claim of
Rs.3,00,000/- made by the claimants.
(2.)The brief facts that lead to the filing of the present Appeal are as follows;
The appellants are wife, children and father of one Pedda Samanna @ Raju (herein after referred to as 'the deceased ') who died in a road accident which occurred on 09.05.2004. The appellants/ claimants filed the said claim petition inter alia stating that the deceased died in a road accident due to the rash and negligent driving of tractor/trailer bearing registration No.AP21-U-7586 and AP21-U-7587 belonging to the first respondent and insured with the second respondent. It is further stated that the deceased was hale and healthy, working as collie and earning Rs.4,500/- per month and contributing his entire income for the family.
(3.)As a result of the death of the deceased, the appellants who are depending on him, lost their source of livelihood and as such entitled to compensation
from the respondents being the owner and insurer of the vehicle
respectively. The respondents filed their respective written statements
contending inter alia that the deceased himself was responsible for the
accident, that the deceased was sitting carelessly on the top of the water
tank and therefore he fell down which resulted in his death and that the
driver of the tractor/trailer was not responsible. It was also pleaded that
the driver of the vehicle was not having valid driving license to drive the
vehicle. On the basis of the said pleas, it was urged that the claimants are
not entitled to the compensation sought for.
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