The entitlement of non-dependent heirs as legal representatives to claim compensation under Section 166 of the Motor Vehicles Act.

JUDGMENT :

1. Challenging the judgment and decree, dated 27.07.2007, passed in O.P.No.505 of 2006 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-V-Additional District Judge (FTC), Ranga Reddy District at L.B.Nagar (for short “the Tribunal”), the New India Assurance Company Limited filed the present appeal. The 2nd respondent/2nd claimant also filed Cross-Objections being aggrieved by the quantum of compensation granted by the Tribunal on the ground that it is grossly inadequate.

2. For the sake of convenience, the parties will hereinafter be referred to as arrayed before the Tribunal.

3. The claimants, who are the wife and married daughter of one U.Bixapathi (hereinafter referred to as “the deceased”), filed a petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.5,00,000/- for the death of deceased in a road accident that took place on 05.03.2006. It is stated that, on 05.03.2006, at about 1.30 P.M., the deceased was proceeded on his Luna bearing No. AP 15 C 655 towards Medchal from Srirampuram Village and reached Bharat Petrol Pump at Yellampet Village on National High Way No.7 in Medchal Mandal, and after filling fuel in the Luna while the deceased was crossing Somaram Cross Roads, one Car bearing No. AP 25 F 6242, which was proceeding from Hyderabad to Nizamabad, came in a rash and negligent manner and dashed the deceased in opposite direction. As a result of which, the deceased fell down and received crush injuries to his head and died on the spot. Basing on the complaint lodged by the 1st claimant, a case in crime No.120 of 2006 has been registered against the driver of the Car. It is also stated that the deceased was earning Rs.4,500/- per month by doing mason work and due to the death of the deceased, the claimants have lost their love and affection and also earning member of the family. It is also stated that the accident occurred due to rash and negligent driving of the Car, the 1st respondent being the owner and 2nd respondent being the insurer of the said Car are jointly and severally liable to pay compensation to the claimants.

4. Before the Tribunal, the 1st respondent filed written statement contending that the accident occurred only due to the negligence of the deceased as he came on wrong side and hit the Car suddenly and fell down and, therefore, there is no fault on the part of the driver of the Car and prayed to dismiss the claim-petition.

5. The 2nd respondent-Insurance Company filed counter denying all the averments in the petition including the manner in which the accident took place, negligence on the part of the Car driver, age, avocation and income of the deceased. It is also stated that the accident was occurred only due to the rash and negligent driving of the deceased. It is further stated that the compensation claimed is excessive and prayed to dismiss the claim-petition.

6. Basing on the above pleadings, the Tribunal framed the following issues:-

1. Whether the pleaded accident occurred resulting in the death of the deceased U.Bixapathi due to the rash and negligent driving of the vehicle Car bearing Registration No. AP 25 F 6242 by it’s driver?

2. Whether the petitioners are entitled to any compensation and if so, what quantum and what is the liability of the Respondents?

3. To what relief?

7. During trial, on behalf of the claimants, P.Ws.1 and 2 were examined and Exs.A1 to A6 were marked. On behalf of the Insurance Company, no oral evidence was adduced, but Exs.B1 and B2 were marked.

8. After analyzing the evidence available on record, the Tribunal held that the accident was occurred only due to the rash and negligent driving of the Car bearing No. AP 25 F 6242 by its driver and accordingly, awarded an amount of Rs.2,83,000/- against respondents 1 and 2 jointly and severally with interest @ 7.5% per annum from the date of petition till the date of realization and directed the respondents to deposit the said amount within one month from that day. Aggrie