IMPORTANT POINT
The main legal point established in the judgment is the requirement for authentic and consistent evidence in compensation claim cases under the Motor Vehicles Act, 1988.

JUDGMENT :

This MACMA is filed under Section 173 of the Motor Vehicles Act, 1988 by the appellants/petitioners aggrieved by the order and decree dated 28.09.2011 passed in M.V.O.P.No.1202 of 2006 by the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, Ranga Reddy District (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 the petitioners filed a claim petition claiming compensation of Rs.15,00,000/- on account of the death of E. Sathaiah (hereinafter referred to as “the deceased”) in a motor vehicle accident.

3(1) It is stated that on 10.05.2006, the first petitioner and her husband/deceased visited Raghunatha Puram and from there Gourapally village for attending function and while coming so in the Auto bearing No.AP-28W-1823 of respondents No.1 and 2, the driver of the said auto drove it in a rash and negligent manner and got turtle in the outskirts of Kurram village at about 7.15 p.m. The deceased sustained injuries to his head and abdomen, as there was a known person to the deceased by name J. Harinath Reddy of Gouapally, the deceased was taken to Gandhi Hospital, Musheerabad. He underwent treatment for about five days in the said Hospital, and later, he succumbed to the injuries. On the death of her husband, the first petitioner reported to the police of Rajapet, and registered the same as a case in Cr.No.28 of 2006 under Section 304-A of I.P.C.

The auto driver on commission of the offence, escaped from the scene of offence without taking the injured or without reporting to the police. Later, the second respondent did not ply his auto till registering the case. After a thorough investigation, while checking the autos on the route, i.e. passengers auto, then the culprit’s details came out. Thus, the investigation of the police reveals it is the auto No.AP-28W-1283 in which the injured were travelling, was turned turtle due to rash and negligent driving of the driver of the said Auto. The driver’s name is also known as Walmiki Sathbeer Singh. Hence, the claim petition.

4. Respondents No.1 and 2 remained ex parte before the Tribunal. Respondent No.3/Insurance Company filed a counter denying the accident, as well as, mode of accident, and the alleged injury sustained by the deceased and his death connecting the alleged accident. It is stated that the petitioners in collusion with first respondent filed this false claim. On the report given by one Mutyalamma, FIR was lodged on 14.05.2006, as per which, at about 7.00 p.m. on 10.05.2006 at Kurram “X” roads, they boarded into an auto and they overlooked the auto number. Therefore, the Rajapeta police registered the case in Cr.No.28 of 2006 against an unknown auto as the auto turned turtle and the deceased died while undergoing treatment. But, later, the auto bearing No.AP-28W-1823 was implicated. They further pleaded that the auto driver Sathbeer Singh was not having valid license on the date of the accident and he was not competent to drive non-transport vehicle. They further pleaded that auto bearing No.AP-28W-1823 was not involved in the accident as alleged by the petitioners and it was hit and run case. So, this auto was falsely implicated by the petitioners in collusion with Police officials to have wrongful gain. Four days after the accident, the report was given and police registered the case about two months after the accident, with a view to help the petitioners. In the report given by the 1counter denying the accident, as well as, mode of accident, and the alleged injury sustained by the deceased and his death connecting the alleged accident. It is stated that the petitioners in collusion with first respondent filed this false claim. On the report given by one Mutyalamma, FIR was lodged on 14.05.2006, as per which, at about 7.00 p.m. on 10.05.2006 at Kurram “X” roads, they boarded into an auto and they overlooked the auto number. The