The court affirmed the insurance company’s liability for compensation despite the unauthorized status of the vehicle's driver, allowing recovery rights against the vehicle's owner.

JUDGMENT :

NARSING RAO NANDIKONDA, J. 

This M.A.C.M.A is filed under Section 173 of M.V.Act, 1988 by the Appellant/Insurance Company/respondent No.3 against the Award and decree passed by the Chairman, Motor Accidents Claims Tribunal cum- V-Additional District Judge, Kothagudum, (hereinafter referred to ‘learned Tribunal’) in M.V.O.P.No.33 of 2016, dated 13.06.2019, wherein claimant filed the claim petition under Section 166 of M.V.Act seeking compensation of Rs.5,00,000/- on account of death of claimants mother i.e., Thota Papamma, (herein after referred as ‘deceased’) who died in Motor Vehicle accident occurred on 25.12.2015.

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

3. The brief facts of the case are that claimant filed M.V.O.P.No.33 of 2016 under Section 166 of the M.V.Act, 1988 seeking compensation for the death of the deceased, who died in the accident alleged to have caused due to rash and negligent manner of the Motorcycle. It is contended that on 25.12.2016, the deceased Tota Papamma and Therdala Nagamani went to cooking work, after completing their work they were returning to their house and when they reached at Motessori School at about 20.00 hours the rider of the motorcycle bearing No.TS 04 EB 8866 drove his motorcycle in a rash and negligent manner, dashed against the deceased Tota Papamma. As a result, she fell down and sustained injuries on head and all over the body. Immediately, she was shifted to Government Hospital, Paloncha, and thereafter she was shifted to Kothagudem Government Hospital for better treatment and while undergoing treatment, the deceased succumbed to injuries on 26.12.2015 at 10:30 hours. Basing on complaint, the Police registered a case in crime No.410 of 2015 under Sections 304-A of IPC against the driver of the offending motorcycle.

4. The contention of the claimants was that, the deceased was hale and healthy and was aged about 50 years and that the deceased was a coolie and used to earn Rs.9,000/- per month and due to the said sudden death of the deceased, the claimants suffered mental agony and pain as they lost the love and affection, care guidance of their mother. The claimants claimed an amount of Rs.5,00,000/- as compensation for the death of the deceased under various heads.

5. Before the learned Tribunal, respondent No.1 filed counter affidavit and contended that there was no negligence on the part of the driver of motorcycle bearing No.TS 04 EB 8866 and the offending vehicle was insured with the 2^nd respondent, which was subsisting as on the date of accident and the driver of motorcycle was also having valid and effective driving licence at the time of accident. Respondent Nos.2 & 3 (The New India Assurance Company Limited and The National Insurance Company Limited) also filed their counter affidavits denying the averments made in the claim petition, including the manner in which the accident took place. It is further contented that the driver of the offending vehicle was not having a valid driving licence to drive such vehicle and whether the said vehicle was having a fitness certificate to drive the same. The respondent No.3 has also filed additional counter and contended that the claim petitioners are put to strict proof of that they are the legal heirs of the deceased to claim compensation for the death of the deceased and they are fully dependant on the earnings of the deceased at the time of accident and submitted that the compensation claimed is excessive and prayed to dismiss the claim petition.

6. Basing on the pleadings and averments made by both the counsels before the learned Tribunal, the learned Tribunal framed the following issues which reads as under:

1. Whether the Thota Papamma, w/o. Late bikshamaiah, die due to