Anis, J. - (1.) THIS appeal is filed by the appellant/respondent No. 3 i.e., National Insurance Co. Ltd., under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'), aggrieved by the award dated 17.12.2003 passed by the District Judge -cum -Chairman, Motor Vehicle Accidents Claims Tribunal, West Godavari at Eluru, in OP No. 714 of 2001, awarding compensation of Rs. 1,00,000/ -. The respondent Nos. 1 to 3/claimants filed the above O.P., under Section 166 of the Act read with Rule 455 of Andhra Pradesh Motor Vehicle Rules, claiming compensation of Rs. 1,00,000/ -, on account of the death of one Addanki Srinivasa Rao, in a motor vehicle accident.
(2.) THE brief averments made in the petition are that on 27.10.2000 at about 8:30 p.m., the deceased along with four coolies boarded the tractor and trailor bearing Nos. AEH.6273 and 6274 as batta coolie for loading and unloading of the sand in Tamilleru Reservoir and when they reached near 3rd Km., stone on Velagapalli -Yerrampalli Road, the fourth respondent herein drove the tractor in a rash and negligent manner without following the traffic rules, due to which the vehicle turned turtle and fell on the road side margin. Due to the accident, the deceased received multiple grievous injuries and was admitted in the Government Hospital, Eluru, where he was succumbed to death due to crush injuries. The deceased was aged about 18 years and used to earn Rs. 1,800/ - p.m., by working as batta coolie and maintain his parents. The first and third claimants are the parents and second claimant is the sister of the deceased. The fourth respondent herein is the driver, fifth respondent herein is the owner of the tractor bearing No. AEH.6273 and the appellant is its insurer and they all are jointly and severally liable to pay compensation to the claimants. The brief averments made in the counter filed by the first respondent are as follows: "The respondent stated that he drove the tractor very cautiously, but to save the person who was crossing the road on a cycle, he applied sudden brakes on account of which the vehicle turned turtle and fell down on the road margin and the deceased received grievous injuries and subsequently died. The respondent is having valid driving licence and is not liable to pay any compensation and prayed the Court to dismiss the petition."
(3.) THE brief averments made in the counter filed by the second respondent are as follows: "The respondent stated that the driver of the tractor is having valid driving licence and he drove the vehicle cautiously and the vehicle was insured with the third respondent and policy was valid at the time of the accident. Therefore, the second respondent is not liable to pay compensation to the claimants and prayed the Court to dismiss the petition.";