APHC010656532022 IN THE HIGH COURT OF ANDHRA PRADESH [3333]

AT AMARAVATI (Special Original Jurisdiction)

TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 519/2022 Between:

1. B .KULLAYAMMA, W/O LATE B.PRABHAKAR, AGED ABOUT 30 YEARS, 2. B .HEMANTH KUMAR,, S/O LATE B.PRABHAKAR, AGED ABOUT 14 YEARS, 3. B .AKHIL,, S/O LATE B.PRABHAKAR, AGED ABOUT 7 YEARS, (ALL ARE R/O KOTANKA, GARLADINNE MANDAL, ANANTAPUR DIST.)

4. B .VENKATALAKSHMI DIED, B.VENKATALAKSHMI DIED ...APPELLANT(S)

AND

1. P AGIDI NAGARAJU, S/O VENKATESULU, AGED ABOUT 35 YEARS, R/O CHINNAMPALLI, ANANTAPUR(R) MANDAL AND DIST. OWNER-

CUM-DRIVER OF AUTO RICKSHAW NO.AP-02-TF-0801, 2. I FFCOTOKIO GENERAL INSURANCE COMPANY LTD, REP. BY ITS MANAGER, 5-605, 1ST FLOOR, RAJU ROAD, ANANTAPUR. INSURER VIDE POLICY NO. 1-INMC2YL, P400 AND 2720 6429, VALID FROM 29-

09-2017 TO 28-09-2018 ...RESPONDENT(S):

Counsel for the Appellant(S):

1. M KARIBASAIAH Counsel for the Respondent(S):

1. GUDI SRINIVASU The Court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 519/2022

JUDGMENT:

1. This Motor Accident Claims Miscellaneous Appeal (for short MACMA) has been preferred by the claimants for enhancement of compensation amount being aggrieved by the Order/ Award and Decree passed by the Chairman, Motor Accident Claims Tribunal (for short MACT) –cum- I Additional District Judge, Ananthapur District at Ananthapur in M.V.O.P.No.599 of 2017 dated 25.07.2022, wherein the Tribunal has awarded an amount of Rs.9,82,000/-

as against the claim of Rs.16,00,000/-.

For the sake of convenience and to avoid confusion, the parties herein after referred to as they were arrayed before the Tribunal i.e., Appellants herein as petitioners and respondents herein as respondents.

2. The Petitioners being wife and minor children of Late B.Prabhakar (hereinafter referred to as the “deceased”) filed claim petition in M.V.O.P.No.599 of 2017 under sections 140 and 166 of the M.V Act claiming compensation of Rs.16,00,000/- along with interest and costs for the death of B.Prabhakar in a motor vehicle accident..

3. Brief averments of the claim petition in MVOP No.599 of 2017 are that: on 25.10.2017 at 9.30 P.M the deceased was traveling in an Auto Rickshaw bearing No. AP-02-TF-0801 [hereinafter refered to as the 'offending vehicle‟)

while proceeding from Kotanka towards Anantapuramu, the 1^st Respondent [R.1] being the owner-cum-driver, drove it at high speed, lost control over the vehicle, as a result, the vehicle turned turtle, the deceased sustained grievous injuries on his head, he was taken to Saveera Hospital, Anantapuramu, from there he was shifted to Govt., General Hospital, Kurnool for better treatment, where he succumbed to injuries at about 5.30 A.M, on 29.10.2017. Anantapuramu Rural Police have registered the accident as a case in Crime No.227 of 2017 against R.1, for the offences punishable under section 304-A of Indian Penal Code [in short 'I.P.C'].

The deceased was a Mason, earning 500/- per day [₹15,000/- per month].

Due to the sudden demise of the 'deceased', his wife- 1^st Petitioner, children- Petitioners No.2, 3 and mother-4^th Petitioner, being dependents of the deceased, lost financial support. Hence, prayed to award compensation.

4. Respondent No.1 having been remained ex-parte

5. 2^nd Respondent [R.2] filed the written statement, denied the material averments in the petition regarding the accident, claim of the petitioners as legal heirs, details of accident, income of the deceased etc., and contended that as on the date and time of accident, R.1 drove the offending vehicle without holding valid driving license, thereby violated the terms and conditions of the insurance policy, as well as the provisions of the Motor Vehicles Act and Rules therein. R.1 was not qualified for holding or obtaining such driving license. As the police who investigated into the matter- accident hav