VADDE ANJANAMMA Vs. CHENNAKESAVULU
LAWS(APH)-1992-1-11
HIGH COURT OF ANDHRA PRADESH
Decided on January 22,1992

VADDE ANJANAMMA Appellant
VERSUS
CHENNAKESAVULU Respondents

JUDGEMENT

- (1.)THE claimants are the mother, wife, daughter and two sons of the deceased. They filed the claim petition alleging that the accident occurred as a result of the sudden breaking of the stub-axle of the front wheel of the tractor and the first respondent being owner of the tractor and also mechanic to maintain the tractor in proper and running condition is responsible for the accident. The issue has been recasted and the lower court came to the conclusion that the deceased drove the tractor in a rash and negligent manner as a result of which the tractor's front wheel stub-axle was cut and the tractor turned turtle into a ditch which is towards his left. When the deceased himself was responsible for the accident and when the mechanical defect is not the main cause of the accident, the Tribunal was perfectly justified in assessing the evidence and arriving at a decision that the deceased himself was responsible for the accident. If that is so, the claimants are not entitled to claim any compensation. However, under Section 92-A of the Motor Vehicles Act, as the vehicle was already insured, under no fault liability they are entitled to Rs. 15,000 and the same has already been awarded by the court below. So, no case is made out for interference. The is dismissed. No costs.
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