IMPORTANT POINT
Legal representatives, including married daughters and major sons, are entitled to claim compensation under the M.V. Act, emphasizing a broad interpretation of dependency and representation.

JUDGMENT :

Ravi Nath Tilhari, J.

Heard Sri Sravan Kumar, learned counsel for the appellant- Insurance company and Sri P. Siva Prasad, learned counsel for the claimants/respondents 1 to 5.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, “the M.V Act”) was filed by the National Insurance Company Limited challenging the award dated 06.03.2018 in M.V.O.P. No.533 of 2016 (in short, “M.V.O.P”), passed by the Motor Accidents Claims Tribunal-cum-IV Additional District Judge Kadapa (for short, “the Tribunal”). By the said award, the claim of the claimant-respondents 1 to 5 was partly allowed granting compensation of Rs.76,58,364/- with interest thereon @ 9% p.a from the date of the claim petition till date of deposit.

3. The claimants-respondents 1 to 5 filed the aforesaid M.V.O.P No.533 of 2016 under Section 166 of the M.V. Act for awarding the compensation of Rs.90,00,000/- for the death of one Udayagiri Venkataiah @ Venkata Rao (deceased) in a motor vehicle accident which occurred on 12.08.2016 at about 7.00 a.m on N.H.16, Gudavalli Village, opposite to TATA Motors, Gannavaram, Vijayawada, Krishna District due to rash and negligent driving of the driver of Innova Car bearing No.AP 37- BA-1449. (The offending vehicle).

Facts:

4. The case of the claimants was that on 09.08.2016 at about 6.45 a.m, while the deceased and some other police men of A.R. Unit, Chittoor District, who were deputed to maintain bandobust for Krishna Pushkaralu at Vijayawada, were waiting by standing for a bus to go to Air Port; at that time one Innova car bearing No.AP 37-BA-1449 came from Vijayawada side in a rash and negligent manner at high speed, without blowing horn and dashed the deceased who was standing extremely on left side of the road, as a result of which the deceased sustained multiple bleeding injuries all over the body and became unconscious, fell on the road. He was immediately shifted to Andhra Hospital, Vijayawada where he declared as =dead‘. Prior to the accident, the deceased was working as A.R. Head Constable, A.R Unit, Chittoor District and was getting salary of Rs.51,000/- per month and contributing the same for the family.

5. The respondents 6 and 7 herein remained ex parte before the Tribunal.

6. The National Insurance Company-appellant (respondent No.3 in M.V.O.P) filed written statement denying the allegations in the claim petition and inter alia contending that the claimants be put to strict proof of their case in the claim petition. It was denied that the driver of the offending lorry was rash and negligent. The accident occurred only due to the deceased who suddenly crossed the road, got confused, got slipped and fallen on the road. The offending vehicle was not at all involved in the accident. It was pleaded that the driver of the offending vehicle should possess valid and effective driving license, otherwise the Insurance Company was not liable to indemnify. The amount claimed was high and excessive, without any basis and the claim petition was liable to be dismissed.

7. The Tribunal framed the following issues:

“(1). Whether Udayagiri Venkataiah @ Venkat Rao died in a motor vehicle accident on 12.08.2016 at about 7.00 a.m due to negligent driving of Innova car bearing No.AP 37-BA-1449 or not?

(2) Whether the petitioners are entitled to any compensation, if so to what amount and from whom?

(3) To what result?

8. On behalf of the claimants, P.W.1 U. Sumathi, P.W.2 G. Manjunath, Sr. Assistant and P.W.3 S. Raghunath, ARSI, Chittoor were examined and Ex.A.1 certified copy of FIR inCr.No.257 of 2016 of Gannavaram P.S, Ex.A.2 certified copy of inquest report, Ex.A.3 certified copy of postmortem certificate, Ex.A.4 certified copy of MVI report, Ex.A.5 certified copy of charge sheet, Ex.A.6 salary certificate, Ex.A.7 SSC marks list of the deceased and Ex.X.1 authorization letter dated 21.11.2017 and Ex.X.2 salary ce