- (1.)This MACMA is filed by the appellant/Insurance Company under Sec. 173 of the Motor Vehicles Act, 1988, aggrieved by the order and decree dtd. 22/3/2011 passed in O.P.No.9 of 2008 by the Chairman, Motor Accident Claims Tribunal-cum-V Additional District Judge, Nalgonda at Miryalguda (for short 'the Tribunal').
(2.)For convenience, the parties will be hereinafter referred to as they are arrayed before the Tribunal.
(3.)Brief facts of the case are that on 27/2/2007 at about 6.00 p.m., one Krishna (hereinafter referred to as 'the deceased') was taken by the 1st respondent for unloading gravel (kankara) at Margadarsi School near Nakrekal in his Tractor and trailer bearing No.AP-24-J-5192 and AP-24-J-5193, and after unloading the said gravel at Margadarsi School, while the said Tractor was proceeding to Nakrekal for the purpose of diesel, the driver of the said Tractor drove the said Tractor in a rash and negligent manner at high speed and in the said process, he could not control the vehicle and dashed to another Tractor coming in the opposite direction. As a result, the deceased fell from the said Tractor and the said Tractor ran over the deceased, and thereby, he succumbed to injuries. The Police Nakrekal registered a case in Cr.No.41 of 2007 for the offences punishable under Ss. 304-A IPC and 181 and 187 of M.V.Act. Before the accident, the deceased was hale and healthy, and he was doing stone-cutting work and used to earn Rs.4,500.00 per month. Therefore, the petitioners, who are the parents of the deceased, filed the O.P. seeking compensation of Rs.3,00,000.00