In motor accident cases, even if a breach of insurance policy conditions is proven (such as the driver not holding a valid license), the insurer retains the statutory liability to satisfy the claim of a third-party victim at the first instance and may subsequently recover the amount from the insured.

J U D G M E N T:

1. This Motor Accident Claims Miscellaneous Appeal (for short MACMA) has been preferred by the Appellant/3rd Respondent – Oriental Insurance Company Limited, Rajamahendravaram, represented by its Divisional Manager, challenging the Order/Award and Decree passed by the Chairman, Motor Accident Claims Tribunal (for short MACT) –cum- I Additional District Judge, West Godavari District at Tanuku, in M.V.O.P.No.1 of 2020 dated 10.3.2023 awarding an amount of Rs.5,00,000/- as compensation as against the claim of Rs.5,00,000/-.

For the sake of convenience the parties herein after are referred to as they were arrayed before the Tribunal.

2. The 1st petitioner is son of deceased – Chadalavada Narasamma. 2nd petitioner is wife and 3rd petitioner is son of one Chadalavada Chinna Abbulu who is younger son of deceased – Chadalavada Narasamma. As Chadalavada Chinna Abbulu was missed on 04.05.2019 and since then, his whereabouts are not known, a case vide Crime No.110/2019 was registered in Nidadavole police station. As such, petitioners No.2 and 3 being only legal heirs of said Chinna Abbulu, they are entitled to claim compensation on behalf of Chinna Abbulu. Thus, the petitioners filed claim petition in M.V.O.P.No.1 of 2020 under section 166 of the Motor Vehicles Act claiming compensation of Rs.5,00,000/- together with interest and costs, for the death of the deceased in a motor vehicle accident.

3. Brief averments of the claim petition in MVOP No.1 of 2020 are that: on 08.09.2019 at about 7:00 AM, the deceased along with Chette Sarveswara Rao started from his house on his motorcycle bearing No.AP 37DD 0148 to go to Church at Nidadavole for prayer. While they crossed Society Godowns in Velivennu Village, the driver of Lorry bearing No.AP 37 V 9288 proceeding from Settipeta to Kaldhari, drove the Lorry in a rash and negligent manner and hit the motorcycle, due to which, the said Sarveswara Rao fell on the left side of the road and sustained injuries and Narasamma fell down on the right side of the road and sustained bleeding injuries over her right ear and left hand elbow and the blood oozing out from her mouth and nostrils. On that, one P.M.P. Doctor namely Bikkina Balaji examined the injured persons and informed that Narasamma had died.

i. Respondent No.1 Chitikina Venkat Durga Sai was the driver, respondent No.2 Chitikina Surya Anjaneyulu was the owner of the Lorry bearing No.AP 37 V 9288 and the said Lorry was insured with respondent No.3 - Oriental Insurance Company Limited.

ii. Prior to her death, the deceased Narasamma was doing agricultural coolie works and she used to earn Rs.500/-per day. Hence, this petition claiming compensation of Rs.5,00,000/-.

4. Respondents No.1 and 2 remained exparte.

5. Respondent No.3 - Insurance Companies filed written statement denying the allegations made in the petition and it contended that the petitioners No.2 and No.3 are not the legal heirs of the deceased Chadalavada Narasamma and they are not entitled to claim compensation. The alleged accident has occurred because of rash and negligent driving of the rider of motorcycle bearing No.AP 37 DD 0148 on which the deceased was a pillion rider and there is no rash and negligent act on the part of respondent No.1 - Venakt Durga Sai who is the driver of Lorry bearing No.AP 37 V 9288 and hence, the liability of respondentNo.3 - In