APHC010077392023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 46/2023 Between:

1. P RANANDHAM SAILAJA @ KARANAM SYLAJA, W/O VISHWANADHA RAO, 46YEARS, 2. P RANANADHAMVISHWANADHA RAO,, S/O SATYANARAYANA RAO, 54 YEARS, ....BOTH ARE RESIDENTS OF KONDAMANAYUNIPALLI VILLAGE, AVUKU MANDAL, KURNOOLDISTRICT.

...APPELLANT(S)

AND

1. P ALLAPOTHU SAI PRASAD, S/O RAGHAVAIAH, D.NO.6-8-38, GANESH BASTI, KOTHAGUDEM, TELANGANA. (OWNER OF MAHENDRA BOLERO CAR BEARING NO.TS 04 UA 1550)

2. T HE NEW INDIA ASSURANCE COMPANY LIMITED, REP., BY ITS DIVISIONAL MANAGER, GUNTUR.

3. K RAMESH, S/O RAMACHANDA, R/O D.NO.5-1-16, KOTHAGUDEM, TELANGANA STATE. (DRIVER OF MAHENDRA BOLERO CAR BEARING NO.TS 04 UA 1550)

...RESPONDENT(S):

Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toaggrieved by the Award and Decree, dated 20-10-2022 passed in M.V.O.P.No. 747 of 2018 on the file of Chairman, Motor Accident Claims Tribunal-cum- I Additional District Judge Guntur Counsel for the Appellant(S):

1. SRICHARAN TELAPROLU Counsel for the Respondent(S): 1. AMANCHARLA SATISH BABU

2.

The Court made the following:

JUDGMENT:-

This appeal is filed by the appellants/claimants seeking enhancement of the compensation of Rs.18,29,400/- awarded by the Chairman, Motor Accidents Claims Tribunal – cum – I Additional District Judge, Guntur in M.V.O.P.No.474 of 2018 vide judgment dated 20.10.2022 wherein the appellants/claimants sought an amount of Rs.21,00,000/- on account of the death of one Prananadham Sai Mahesh Chandra (hereinafter referred to as ‘deceased’) occurred in a motor vehicle accident.

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

3. The claimants are mother and father of one Prananadham Sai Mahesh Chandra (hereinafter referred to as ‘deceased’). The 1 st respondent is the owner, 3^rd respondent is the driver and the 2^nd respondent is the insurer of the car bearing No.TS04UA1550. The deceased, aged about 20 years, was a 3^rd year Engineering student of Vignan University and on 29.03.2018, while he along with his friend by name Yuva Kartik was travelling on a two wheeler bearing No.AP31AW7313 being driven by the said Kartik, near Takkellapadu flyover, the motorcycle dashed the car belonging to the 1^st respondent which is parked on the middle of the road without any precautions, as a result of which, both the rider of the bike and the deceased sustained injuries and were admitted in hospital for treatment, where, the deceased succumbed to injuries. The incident was reported to Pedakakani Police station and a case was registered in Crime No.83 of 2018 under Sections 337 and 304A of the Indian Penal Code against the 3^rd respondent. Claiming compensation of Rs.21,00,000/-, for the death of their son, the claimants filed a petition before the Tribunal under Section 166 of the Motor Vehicles Act read with Rules 455 and 476 of Andhra Pradesh Motor Vehicles Rules.

4. Respondent No.2 contested the claim petition by filing a written statement stating that the deceased and his friend violated Sections 128 and 129 of the Motor Vehicles Act as they did not wear a headgear while riding the bike. It further contended that though the car in question was stationed to the side of the road by taking necessary precautions, the deceased and his friend rode the motorcycle in a rash and negligent manner, hit the stationed vehicle and sustained injuries. The 3^rd respondent is not holding a valid driving license as on the date of accident and that there is contributory negligence on the part of the rider of the motorcycle, as such, the 2^nd respondent is not liable to pay compensation to the claimants.

5. The 3^rd respondent filed a separate written statement which was also adopted by the 1^st respondent wherein it was contended that as the ve