Negligence in parking a vehicle and lack of a valid driving license establish liability, with the owner accountable for compensation despite potential contributory negligence from the claimant.

JUDGMENT :

SUDDALA CHALAPATHI RAO, J.

1. Heard learned counsel Sri M.Rama Krishna for the appellant- insurance company and the learned counsel Sri M.Yadaiah, for the respondent-claimant and none for the respondent No.2-owner of the crime vehicle.

2. The present appeal has been filed by the appellant-insurance company challenging the award passed by the Chairman, Motor Accidents Claims Tribunal (Judge, Family Court) at Nalgonda (for short, ‘Tribunal’) in M.V.O.P.No.573 of 2018, dated 09.05.2022, wherein the claim of the petitioners/respondent Nos.1 and 2 herein was allowed in part, awarding compensation of Rs.11,79,400/- with interest at 7.5% per annum from the date of filing of the petition till date of deposit with proportionate costs.

3. The brief facts of the case are that, on 24.08.2011, at about 10.45 a.m., one Dandu Kiran (hereinafter referred to as the “deceased”) completed his work at Kompally and thereafter proceeded to his village on his motorcycle bearing registration No.AP-24-AM-4703, riding cautiously on the extreme left side of the road and when he reached Kammagudem of Chikatimamidi village at about 7.30 p.m., he dashed against a Road Roller bearing registration No.AP-29-BG- 7994 (hereinafter referred to as the “crime vehicle”), which had been stationed on the road by its driver without taking any precautionary measures. Owing to the darkness of the night and the glare of lights from oncoming vehicles, the deceased could not notice the parked road roller, resulting in the accident. As a result, he sustained multiple injuries and fractures. Immediately, he was shifted to Government Hospital, Nalgonda for treatment, and while undergoing treatment, he succumbed to the injuries.

4. The Police, Munugode P.S., registered a case in Crime No.21/2018 under Sections 304-A and 337 of IPC against the driver of the crime vehicle and laid charge sheet before the competent Court of law.

5. The claimants, who are the parents of the deceased, filed claim petition against the driver, owner and insurer of the crime vehicle under Section 166 read with Section 170 of the of Motor Vehicles Act, 1988, before the Tribunal, claiming compensation of Rs.15,00,000/- along with interest from the date of the petition till the date of realization.

6. The Tribunal, on due enquiry and on considering the oral and documentary evidence, has categorically held that the accident occurred due to negligent parking of the crime vehicle by its driver on the road and awarded an amount of Rs.11,79,400/- towards compensation to the claimants, payable by the respondent Nos.1 to 3 therein. Aggrieved by the award and decree dated 09.05.2022 in MVOP No.573 of 2018 passed by the Tribunal, the appellant- insurance company filed the present Appeal.

7. Learned counsel for appellant-insurance company has contended that the Tribunal erred in not taking the contributory negligence on the part of the deceased, who was riding the motorcycle in a rash and negligent manner without having valid driving license and dashed the stationed crime vehicle from behind, which was parked on the extreme outer margin of the road. It is contended that the driver of the crime vehicle has no licence to run the crime vehicle as on the date of the accident. It is further contended that the Tribunal to appreciate that the fact of contributory negligence on the part of the deceased, who was riding the motorcycle without wearing Helmet and thus erred in not apportioning the liability equally i.e., 50-50 on the owner and insurer of both the vehicles and