NEW INDIA ASSURANCE CO LTD Vs. G SAMPOORNA

JUDGEMENT

(1.) The New India Assurance Company Limited, respondent No. 2 in M.V.O.P. No. 372 of 2004 on the file of the Motor Accident Claims Tribunal-cum-III Additional District Judge, Tirupati (for short, "the Tribunal"), is the appellant in this appeal. This appeal is preferred feeling aggrieved by award dated 17.03.2006 of the Tribunal in the said O.P., whereby it has fixed joint and several liability on the appellant and respondent No. 6, the owner of the Tractor and Trailor, which was involved in the accident resulting in death of one G. Raja Ramesh (for short, "the deceased").

(2.) On 13.01.2004, when the deceased, a coolie, was traveling in the Tractor and Trailor along with other two coolies for loading sand and when they reached near Thondawada bridge on Chandragiri bypass road, the driver of the Tractor drove the same in a rash and negligent manner leading to front wheel of the Tractor being broken and the Tractor along with Trailor falling in a ditch. The deceased, who is sitting on the Trailor, jumped due to fear and the Trailor ran over on the back of the deceased. The deceased was declared dead, after he was shifted to the Government hospital, Chandragiri. Respondent Nos. 1 to 5, who are the legal heirs of the deceased, filed the above O.P. claiming compensation. The Tribunal framed the following issues:

(3.) Under issue No. 1, the Tribunal held that the accident occurred due to the fault of the driver of the Tractor-cum-Trailor. Under issue No. 2, the Tribunal held that the Tractor and Trailor belong to respondent No. 6 and were insured with the appellant and it has further held that the policy covers the risk of the deceased. Under issue No. 3, the Tribunal held that respondent Nos. 1 to 5 are the legal representatives of the deceased and that they are, therefore, entitled to compensation. Under issue No. 4, the Tribunal held that the appellant and respondent No. 6 are jointly and severally liable to pay the compensation.