HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY M.A.C.M.A.NO.1393 OF 2023

JUDGMENT

Heard learned counsel Sri K.Venkat Ram Reddy for the appellants and Sri. A.Ramakrishna Reddy, learned counsel for respondent-insurance company.

2. The present appeal has been filed by the appellants claimants challenging the award passed by the Chairman, Motor Accident Claims Tribunal-cum-IV Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar (for short, ‘Tribunal’) in M.V.O.P.No.563 of 2017, dated 26.04.2023, thereby enhancement of compensation.

3. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed before the Tribunal.

4. The brief factual matrix of the present appeal is as under:

4.1. On 15.05.2017 at about 9.10 a.m, while K.Lokeshwar @ Lokesh (Lokesh Kumar), (hereinafter referred to as the ‘deceased’), who was studying Engineering 2^nd year E.E.E., at VBIT College, along with his friend Lakshman Kumar, were going to Geetanjali Engineering College, Keesara from Ghatkesar on motor bike with chassis No.MEIRG06210073888, driven by Lakshman Kumar as rider and the deceased was the pillion rider, and when they reached near Kondapur village, in the mean time, the driver of brick lorry bearing registration No.AP-29-T-5863, who was coming from Keesara, drove the same in rash and negligent manner and dashed the motor bike. Due to the said accident, both received severe bleeding injuries. Immediately, they were shifted to Govt. Hospital, Ghatkesar and later, the deceased was shifted to Kamineni Hospital, LB Nagar and from there, he was shifted to NIMS hospital for better treatment and on the same day, the deceased succumbed to the injuries while undergoing treatment.

4.2. The Police, Ghatkesar Police Station registered a case in Crime No.251 of 2017 against the driver of the crime vehicle under Section 304-A and 337 of IPC.

4.3. The claimants, i.e., the parents have filed claim petition against driver, driver of the crime vehicle and insurance company under Section 166 of the Motor Vehicles Act, 1988 and Rule 514 of A.P.Motor Vehicles Rules, 1989 read with Section 140 of MV Act, before the Tribunal claiming compensation of Rs.15,00,000/- along with interest from the date of the petition till the date of realization.

4.4. The deceased was aged 21 years and hale and healthy prior to the accident and was brilliant student and was getting good grading in his academic and was having a good career and the deceased after passing B.Tech., he would have to get minimum salary of Rs.15,00,000/- per month and on account of death of the deceased, the claimants had suffered a lot of pain, mental agony and became destitute and unable to maintain themselves.

5. The respondent Nos.1 and 3, who are the owner and driver of the offending vehicle, remained ex-parte.

6. The respondent no.2-Insurance Company filed counter denying all the allegations made in the claim petition and contended that the alleged accident occurred due to involvement of two vehicles viz., crime vehicle and motor bike, but owner and insurer of said motor bike are not arrayed as parties and therefore, the claim petition is liable to be dismissed for non- joinder of necessary parties and finally prayed for dismissal of the claim petition.

7. On the basis of the above pleadings, the Tribunal framed the following issues:

i) Whether the deceased Lokesh Kumar died in a motor vehicle accident occurred on15.05.2017 at about 9.10 hours, while the deceased was proceeding to Geetanjali Engineer College, Keesara from Ghatkesar on Yamaha-R-15 Motor cycle chasis no.MEIR GO 6120073888 along with his friend Lakshman Kumar as pillion rider, due to rash and negligent driving of driver of brick lorry bearing No.AP-20-T-5863 ?

ii) Whether the claimants are entitled for compensation, if so from whom ?

iii) To what relief?

8. In order to substantiate the case, on behalf of the claimants, P.Ws.1 and 2 were examined and Exs.A1 to A7 were marked. On behalf of the appellant-insuran