Back
2024 Supreme(Online)(AP) 8072
HIGH COURT OF ANDHRA PRADESH THURSDAY ,THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRSENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2650 OF 2012 Between:
1. UNITED INDIA INSURANCE COMPANY LIMITED, ONGOLE. Branch Manager, Near Nellore Bus Stand, Ongole.
...PETITIONER(S)
AND:
1. PARITALA RAVAMMA AND 6 OTHERS D/o Venkaiah, R/o Vaidana Kopperapadu Village, Ballikurva Mandalam, Prakasam District.
2. Paritala Kumari W/o Ramanjaneyulu, R/o Vaidana Kopperapadu Village, Ballikurva Mandalam, Prakasam District.
3. Paritala Pavan Kumar S/o Ramanjaneyulu, R/o Vaidana Kopperapadu Village, Ballikurva Mandalam, Prakasam District.
4. Paritala Veeranji S/o Ramanjaneyulu, R/o Vaidana Kopperapadu Village, Ballikurva Mandalam, Prakasam District.
5. Nagulapati Sridevi W/o Nageswara Rao, R/o China Kancharla Village, Vinukonda Mandalam, Guntur District.
6. Sambhaji S/o not known, Driver of lorry no. HR-63-7626, R/o Chamansingh Colony, Gajesh Singh Yadav Premises, Patwadi Road, Rewari, Rewari District. Haryana State - 123 401
7. Mr. Narendra Chandulal Bafna Owner of Contrainer lorry HR 637626, R/o Chamansingh Colony, Gajesh Singh Yadav Premises, Patwadi Road, Rewari, Rewari District. Haryana State - 123 401 ...RESPONDENTS Counsel for the Petitioner(s): NARESH BYRAPANENI Counsel for the Respondents: NIMMAGADDA SATYANARAYANA The Court made the following: ORDER HON’BLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
C O M M O N J U D G M E N T:
Heard Sri Naresh Byrapaneni, learned counsel for the appellants/respondent No.3/Insurance Company in MACMA Nos.2650 of 2012 and 2273 of 2015; Sri V.V.N.Narasimham, learned counsel for the appellant/Insurance Company in MACMA No.4218 and 4409 of 2012; Smt.Nimmagadda Revathi, learned counsel for the respondents/ claimants in MACMA No.2650 of 2012 and Sri T.S.Rayalu, learned counsel for the respondents/claimants in MACMA Nos.2273 of 2015, 4218 and 4409 of 2012.
2. MACMA No.2650 of 2012 is directed against the common award in MVOP No.293 of 2010. MACMA No.2273 of 2015 is directed against the common award and decree in MVOP.No.276 of 2010. MACMA No.4218 of 2012 is directed against the common award and decree in MVOP.No.278 of 2010. MACMA No.4409 of 2012 is directed against the common award and decree in MVOP.No.277 of 2010.
3. It is pertinent to note down that the above four claims were arising from the same accident dated 27.04.2010 involving lorry and Page 2 of 11 Dt: 04.01.2024 car. The learned Tribunal disposed of all the four claim petitions vide Common Award dated 10.10.2011.
4. Since the point involved in all the appeals is one and the same, all the appeals are disposed of by this Common Judgment.
5. The parties are referred to as they were arrayed before the learned Tribunal for the sake of convenience and clarity.
6. The case of the claimants in all the above four claim petitions is that on 27.04.2010 at about 2.00 p.m., the deceased Nos.1 to 4 and one Sri P. Hari Babu (PW-2) were travelling in an Ambassador Car bearing No.AP10G2122; the 1st respondent/driver of the lorry bearing No.HR 63-7626 came in opposite direction in a rash and negligent manner and dashed the car; as a result the deceased Nos.1 to 4 driving in the car sustained injuries and succumbed to the said injuries at the spot; whereas Sri P.Hari Babu (PW-2) though sustained injuries survived; hence, the respondents/defendants of the deceased filed the above four claim petitions under Section 166 of the Motor Vehicles Act, 1988 (for brevity ‘the Act’) against the driver of the lorry (1st respondent) owner of the car (4th respondent) and insurer of the car (5th respondent). It is pertinent to note that the insurer of the lorry Page 3 of 11 Dt: 04.01.2024 as well as car is one and the same i.e., United India Insurance Company.
7. The respondent Nos.1, 2 to 4 remained ex-parte before the learned Tribunal. Only contested party is the Insurance Company i.e., insurer of the lorry and car. Their contention is that the driver of the lorry was not holding a valid driving license and therefore, the insured violated the terms of the policy and hence, the insurer is not liable to indemnify the insured.
8. The learned Tribunal basing on the above pleading of the respective parties, settled issues as under:
MVOP.No.276 of 2010:
1. Whether the death of the deceased Thopuri Suri @ Suribabu son of Chenchaiah, Vemparala (V), Addanki Mandal, Prakasam District, is occurred on 27-04-2010 at about 2-00 p.m. near South Bypass Road, Medarametla on NH-5 road due to rash and negligent driving of HR-63-7626 container lorry AP-10/G-2122 ambassador Car by their drivers?
MVOP.No.277 of 2010:
1. Whether the death of the deceased Papasani Kondalarao, S/o. Rathaiah, Vemparala (V), Addanki Mandal, Prakasam District, is occurred on 27-04-2010 at about 2-00 p.m. near South Bypass Road, Medarametla on NH-5 road due to rash Page 4 of 11 Dt: 04.01.2024 and negligent driving of HR-63-7626 container lorry AP-
10/G-2122 ambassador Car by their drivers?
MVOP.No.278 of 2010:
1. Whether the death of the deceased Papasani Hanumantharao, S/o. Venkateswarlu, Vemparala (V), Addanki Mandal, Prakasam District, is occurred on 27-04- 2010 at about 2-00 p.m. near South Bypass Road, Medarametla on NH-5 road due to rash and negligent driving of HR-63-7626 container lorry AP-10/G-2122 ambassador Car by their drivers?
MVOP.No.293 of 2010:
1. Whether the death of the deceased Paritala Ramanjaneyulu, S/o. V
