* THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

*THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN

+ MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 934/2015

% 09.01.2025

# The Divisional Manager,

The New India Assurance Company Limited.

……Petitioner

And:

$1. Emani Venkata Archana & 4 others

….Respondents.

!Counsel for the petitioner : Sri G.Haragopal

^Counsel for the respondents : Sri Madhava Rao Nalluri

>Head Note:

? Cases referred:

1. (2022) 14 SCC 712 2. (2021) 16 SCC 467 3. (2021) 17 SCC 148

4. 2022 LiveLaw (SC) 1012

5. (2013) 11 SCC 517 6. (2017) 16 SCC 680 7. (2018) 18 SCC 130 8. (2021) 11 SCC 780

9. 2024 SCC OnLine SC 1901

10. (2015) 1 SCC 539 11. (2021) 6 SCC 188 12. (2021) 2 SCC 166

13. (2022) SCC OnLine SC 1683

14. (2020) 4 SCC 228

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI * * * *

MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 934/2015 DATE OF JUDGMENT PRONOUNCED: 09.01.2025 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI &

THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN 1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Your Lordships wish to see the fair Yes/No copy of the Judgment?

____________________

RAVI NATH TILHARI,J _______________________

CHALLA GUNARANJAN,J THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 934/2015 JUDGMENT:- (per Hon‟ble Sri Justice Ravi Nath Tilhari)

Heard Sri G.Haragopal, learned counsel for the appellant appearing through virtual mode and Sri Madhava Rao Nalluri, learned counsel for the claimants/respondents.

2. This appeal has been filed by the Divisional Manager of the New India Insurance Company limited, Ongole under Section 173 of the Motor Vechiles Act, 1988 (in short „MV Act‟) against the award of the Motor Accident Claims Tribunal – cum – Principal District Judge, Prakasam at Ongole (in short „Tribunal‟) in MVOP.No.428 of 2010, dated 19.02.2013 by which the Tribunal partly allowed the claim filed by the claimants/respondent Nos.1 to 3, awarding compensation of Rs.26,79,260/- with proportionate costs and subsequent interest @ 12% per annum from the date of the claim petition till the date of realization, holding the present respondent No.5 and the appellant – Insurance Company, jointly and severally liable to pay the compensation, with further directions.

3. The respondents-claimants filed MVOP under Section 166 of MV Act claiming compensation of Rs. 28,00,000/-, inter-alia pleading, on account of death of one Emani Venkateswarlu in a motor vehicle accident caused by rash and negligent driving of the lorry bearing No. AP07T/1467 (offending lorry) owned by the present respondent No.5 and being driven by present respondent No.4. The deceased was aged about 26 years at the time of death and working as Assistant Professor in Malineni Lakshmaiah Engineering College, Kanumalla, Singarayakonda and was earning Rs.18,540/- per month towards his salary.

4. The insurance company contested the claim petition and filed counter. The plea was taken that the driver of the offending vehicle did not possess valid driving licence, which was violation of the terms of the policy and hence the insurance company was not liable to pay the compensation. The deceased had no valid driving licence to ride the motorcycle. The accident occurred due to the negligence of the deceased. The compensation as claimed was excessive and the claimants were not entitled for the same. With respect to the income, age and avocation of the deceased, the insurance company pleaded that the claimants should be put to strict proof.

5. The driver of the offending lorry did not appear inspite of service and was set exparte on 27.12.2010. The owner, appeared and adopted the counter of the insurance company.

6. The Tribunal framed the following issues:

“1. Whether the accident dated 10.10.2010 in which the deceased Emani Venkateswarlu died, occurred d