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2023 Supreme(Online)(AP) 17342
HIGH COURT OF ANDHRA PRADESH WEDNESDAY ,THE FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE B SYAMSUNDER MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 841 OF 2016 Between:
1. NATIONAL INS COMP LTD., WEST GODAVARI DIST represented by its Divisional Manager, Divisional Office, Eluru, West Godavari District ...PETITIONER(S)
AND:
1. POTHULA NAGAMANI, WEST GODAARI DIST & 3 OTHERS W/o China Pitcheswara Rao, aged 48 yrs4 Hindu, Female, Dependant, Rio D.No.4-
52/3, Kalla, Kalla Mandal, West Godavari District.
2. Pothula Venkateswara Rao S/o China Pitcheswara Rao, aged 25 years, Hindu, Male, Dependant, Rio D.No. 4-52/3, Kalla, Kalla Mandal, West Godavari District.
3. Mydi Srinivasa Rao S/o Satynarayana, Hindu, Male, aged 36 years, OYivier of Tractor and Truck Bearing Nos. AP37AS 3497, & AP 37 V 7037, Door No: 3-39/A, Pallapu Street, Kalla Village & Mandal, West Godavari Dist
4. Mydi Satyanarayana S/o Nagayya, Hindu, Male, aged 58 years, Owner of Tractor and Truck Bearing Nos. AP37AS 3497, & AP 37 V 7037, Rio Door No: 3-39/A, Pallapu Street, Kalla Village, Kalla Mandal, West Godavari District ...RESPONDENTS Counsel for the Petitioner(s): T S RAYALU Counsel for the Respondents: K V L NARASIMHA RAO The Court made the following: ORDER HON’BLE SRI JUSTICE BANDARU SYAMSUNDER MACMA NOs.841 of 2016 and 855 of 2016
COMMON JUDGMENT
Both Motor Accident Civil Miscellaneous Appeals filed by the petitioners for the death of two persons in a motor vehicle accident can be disposed of by Common Judgment.
2. The MACMA No.841 of 2016 is filed by the appellant/3rd respondent/Insurance Company under Section 173 of the Motor Vehicles Act, 1988 (herein after referred to as “M.V.Act”), challenging the Award passed by the Motor Accidents Claims Tribunal-cum-III Additional District Judge, Bhimavaram in MVOP No.80 of 2014, dated 01.09.2015, whereas MACMA No.855 of 2016 is filed by the appellant/3rd respondent/Insurance Company, challenging the Award passed in MVOP No.79 of 2014, dated 01.09.2015, wherein and whereby the Tribunal awarded compensation of Rs.4,31,000/- with interest at 7.5% per annum. In MVOP No.80 of 2014 Tribunal awarded compensation of Rs.4,67,000/- with interest at 7.5% per annum to the claimants for the death of two deceased Mr.Pothula Bharat Kishore and Mr.Rudraraju Rama Raju (herein after called as “deceased”) in a motor vehicle accident, that occurred on 28.06.2010 at about 11.00 p.m at Yadavalli village, H/o.Kondangi village, Kalidindi mandal of Krishna District.
3. The appellant and the respondent Nos.1, 2 in MACMA No.841 of 2016 and the appellant and the respondent Nos.1 to 3 in MACMA No.855 of 2016 herein after referred to as 3rd respondent/Insurance Company and the petitioners as arrayed before the Tribunal for the sake of brevity and convenience.
4. Both petitions are filed by the petitioners under Section 166 of the MV Act, for the death of two deceased in a motor vehicle accident.
5. The case of the petitioners in brief is that on 28.06.2010 both the deceased along with their co-workers loaded the wood for the purpose of centering work at Kalla and to unload the same at Pedalanka village on the tractor and trailer bearing Nos.AP 37 AS 3497 and AP 37 V 7037 driven by the 1st respondent, owned by the 2nd respondent, and insured with the 3rd respondent. The petitioners submit that both the deceased were sitting on the load of the wood in the tractor and trailer to unload the same at delivery point of centering work. Then, the driver of tractor, i.e., the 1st respondent driven the vehicle in a rash and negligent manner at high speed without taking any traffic precautions, unable to control the vehicle, as a result of which, the tractor turned turtle towards left side of the road margin, as a result of which both the deceased fell down under the centering work, and sustained injuries all over the bodies and succumbed to the injuries. A report lodged before the Station House Officer, Kalidindi Police Station, who registered the case against the 1st respondent for the offences punishable under Sections 304-A and 338 of the IPC, and filed charge sheet after thorough investigation. The petitioners submit that the 1st deceased Mr.Rudraraju Rama Raju was aged 19 years, and used to earn Rs.7,500/- per month by doing centering work, and the 2nd deceased Mr.Pothula Bharat Kishore was aged 21 years, and used to earn Rs.7,500/- per month by doing centering work, which they are contributing the same for the welfare of their families. They claimed compensation of Rs.9,00,000/- on various heads.
6. The 1st respondent/driver of offending vehicle, and the 2nd respondent/owner of offending vehicle remained ex-parte, and not chosen to contest the case before the Tribunal.
7. The 3rd respondent/Insurance Company filed written statement in both the cases with common averments, denying the accident manner in which it was occurred, age and income of the deceased prior to the accident. It is the contention of the 3rd respondent/Insurance Company that the 1st respondent/driver of tractor-cum-trailer had no valid driving licence on the date of accident. They submit that the deceased were travelling in the trailer in violation of the M.V.Act, M.V.Rules, and the policy conditions, due to that they are not liable to pay the compensation to the petitioners. They
