Contributory negligence was unfounded; the deceased's compensation enhanced to Rs.12,84,694 due to lack of evidence on negligence.

JUDGMENT :

V. SUJATHA, J.

Aggrieved by the impugned award dated 20.07.2018 passed in M.V.O.P.No.47 of 2014 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-VI Additional District Judge, Nuzvid whereby the Tribunal awarded an amount of Rs.9,20,286/- towards total compensation to the claimants, as against the claim of Rs.16,00,000/-, this instant appeal is preferred by the claimants seeking enhancement.

2) For the sake of convenience, both the parties in the appeal will be referred to as they are arrayed in the claim application.

3) The claimants filed a claim petition under Section 166 of the MOTOR VEHICLES ACT claiming compensation of Rs.16,00,000/- towards compensation for the death of the John Willy Brant (herein after referred to as “deceased”) who died in a motor vehicle accident that occurred on 27.05.2014. Petitioner No.1 is the wife of the deceased, petitioner Nos.2 and 3 are the children of the deceased, petitioner No.4 is the mother of the deceased.

4) The brief averments of the claim petition are as follows: On 27.05.2014, while the deceased was going to his official duty for collection of amounts due to his company, on his motor cycle from Markapur to Donakonda, at about 6.30 p.m. when he reached near the outskirts of Donakonda, the offending vehicle i.e. Mini lorry bearing No.AP 07 X 4183 driven by its driver in a rash and negligent manner with high speed without observing the other vehicular traffic hit the motor cycle of the deceased in opposite direction, as a result of which, the deceased and another person fell on the road, sustained severe multiple injuries and died on the spot. The police registered a case in Crime No.60 of 2014 of Donakonda Police Station under Section 304-A of I.P.C.

5) At the time of accident, the deceased was aged about 46 years and was working as Assistant Manager in Shriram City Finance Limited, Markapur and used to earn Rs.10,382/- per month as a salary working as Assistant Manager in Shiram City Union Finance Limited, Markapur. Due to sudden demise of the deceased, the petitioners who are wife, children and mother of the deceased suffered with mental agony, deprived of their income and welfare. Respondent No.3 is the driver, respondent No.1 is the owner and respondent No.2 is the insurer of the offending vehicle.

6) Respondent No.3 remained ex parte.

7) Respondent No.1 – owner of the vehicle filed a counter denying the claim of the claimants and contended that there is no rash and negligent driving of driver of crime vehicle i.e. Mini lorry bearing No.AP 07 X 4183. Respondent No.3 driver of the crime vehicle is holding valid driving license, as such respondent No.2 being insurer of respondent No.1 has to indemnify the claim of the petitioners. The claim of compensation is highly excessive and requested to dismiss the petition.

8) Respondent No.2 – insurance company filed its counter contending that the accident occurred due to rash and negligent driving of the deceased, the offending vehicle is not insured with respondent No.2 insurance company. The insurance company is not liable to pay any compensation to the petitioners. Further, the driver is not having valid driving license at the time of accident. The compensation claimed by the petitioners is highly excessive, and requested to dismiss the petition.

9) Based on the above pleadings, the Tribunal framed the following issues for trial:

(1) Whether the death of deceased John Willy Brant is the resultant of the accident due to rash and negligent driving of the driver of offending vehicle Elcher Mini Lorry bearing No.AP 07X 4183?

(2) Whether the petitioners are entitled for compensat