THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:16.01.2021 PASSED IN MVC NO. 451/2010 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES, MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCH-09), AWARDING COMPENSATION AMOUNT OF RS.86,15,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION.

THIS MFA CROB IS FILED UNDER ORDER XLI RULE 22 OF THE CPC, READ WITH SECTION 173(1) OF MOTOR VEHICLE ACT, AGAINST THE JUDGMENT AND AWARD DATED:16.01.2021 PASSED IN MVC NO.451/2010 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES, MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCH-09), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL AND CROSS OBJECTION HAVING BEEN RESERVED FOR JUDGMENT COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT IS DELIVERED/ PRONOUNCED AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH

and

HON'BLE MR. JUSTICE T.M.NADAF

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE T.M.NADAF)

The appeal in MFA.No.4312/2021 and MFA.Crob.No.152/2021 are by the Insurer and the claimant respectively, calling in question the judgment and award dated 16.01.2021 in MVC.No.451/2010 passed by the Court of Small Causes and Motor Accident Claims Tribunal, Bengaluru (SCH-09)¹1 'Tribunal' for short.

2. The Insurer is in appeal calling in question the liability fastened on it on the premise that the cheque issued towards the premium covering the insurance policy gets dishonoured accordingly in terms of the endorsement stated in the policy, the policy becomes void ab initio and there is no liability on the insurance to make good any compensation. The claimant is in cross objection seeking for enhancement of compensation.

3. The parties are referred to as per their rankings before the Tribunal.

4. The date of accident, death of deceased Tenneti Sasikanth on 11.06.2009 and involvement of the vehicle are not in dispute. The dispute raised by the Insurer is with respect to fastening of the liability on ground of non-existence of insurance policy in view of dishonour of check issued towards payment of premium amount and so far as claimants are concerned on the quantum of compensation.

5. Heard Sri.Ashok N. Patil, learned counsel appearing for the Insurer in appeal as well as cross objection; Sri. Keerthi Kumar D.Nayak, learned counsel appearing for the claimants in the appeal as well as cross objection and Ms.Prutha Bharathi, learned counsel for respondent No.6 and respondent No.1 in cross objection.

6. Further this Court requested Sri. A.N.Krishnaswamy, learned Senior panel counsel for the Insurance Company to assist the Court on the above grounds raised by Sri.Ashok Patil, in view of peculiar facts involved in the case on hand.

7. It is the case of the claimants before the Tribunal that husband of claimant No.1, father of claimant Nos.2 to 4 and son of claimant No.5 by name Tenneti Sasikanth died in an road traffic accident occurred on 11.06.2009, due to the actionable rash and negligent driving by the driver of the Scorpio, bearing No. AP-7-TT-4889. It was the case of the claimants that the deceased Tenneti Sasikanth was travelling as an inmate in the Scorpio from Rajamundry to Vishakapatnam. When the vehicle reached near Nutanagunte Palyam, on NH-5 near Kasimkota Mandalam, Vishakapatnam, A.P, the driver of the Scorpio drove the same in rash and negligent manner with high speed and dashed against a lorry bearing registration No.KA-01-AD-4666, which was proceeding ahead of the Scorpio. As a result of the accident, the deceased Tenneti Sasikanth succumbed to the injuries on the spot and another person by the name Chandu suffered grievous injuries and was admitted to Yalamanchili, Government Hospital. According to the claimants, the deceased was holder of Master degree in Computer Applications from Andhra University and he has completed his Sun Certified Enterprise Architect (SCEA) course in the year 2003. His academic performance is excellent and he was brill