THE HONOURABLE SMT. JUSTICE M.G.PRIYADARSINI M.A.C.M.A.No.1650 OF 2018 AND M.A.C.M.A.No.3276 OF 2018

COMMON JUDGMENT:

1. These two appeals are being disposed of by this common judgment since M.A.C.M.A.No.1650 of 2018, filed by the claim petitioners seeking for enhancement of compensation and M.A.C.M.A.No.3276 of 2018 filed by Insurance Company challenging the compensation awarded, both are directed against the very same order dated 17.04.2018 passed in M.A.T.O.P.No.444 of 2012, on the file of the Motor Accidents Claims Tribunal-cum-VII Additional District Judge, Khammam.

2. For the sake of convenience, the parties hereinafter be referred as they were arrayed before the Tribunal.

3. The facts of the case in brief are that the claim petitioners, who are wife, son and parents of Sri Buggaveeti Srinivasa Rao, (hereinafter be referred to as “the deceased”), filed a petition claiming compensation of Rs.25,00,000/- for the death of the deceased who died in a road traffic accident that occurred on 20.02.2012. As per the version of the petitioners, the deceased used to work as a Lecturer in Sacred Heart College of Arts & Science, Thallampadu and at Gowthami Junior College, Nelakondapalli. On 20.02.2012, when the deceased was proceeding to his village on his Hero Honda Motor Cycle bearing No.AP-20J- 5466 and when reached near Sri Sai Rama Weigh Bridge, the driver of the Tractor and Trailer bearing No.AP-20Y-1203/1204 drove the vehicle in a rash and negligent manner at a high speed and dashed the deceased in the opposite direction. As a result, the deceased sustained severe injuries on the head, left and right hand, legs and other parts of body. Immediately, he was shifted to Mamatha General Hospital, Khammam for treatment and later he was succumbed to injuries. Based on a complaint, Police, Khammam Rural Police Station, registered a case in Crime No.60 of 2012 under Section 304-A IPC against the driver of the said Tractor-Trailer bearing No.AP-20Y-1203/1204. Due to the sudden death of the deceased, the claimants have lost their source of income, love and affection of the deceased and were put to mental shock. Therefore, they filed a petition claiming compensation of Rs.25,00,000/- from Respondents, who are the owner and Insurer of the crime vehicle i.e., Tractor-Trailer bearing No.AP-20Y-

1203/1204, which involved in the accident.

4. Respondent No.1, who is the owner of the crime vehicle i.e., Tractor-Trailer bearing No.AP-20Y-1203/1204, filed counter and denied all the averments made in the claim petition and stated that there is no rash and negligence on part of the driver of crime vehicle and further, the crime vehicle is having valid insurance policy and the same was in force as on the date of accident and further, the driver of crime vehicle was also holding valid and effective driving license at the time of alleged accident and as such, Respondent No.2 is liable to pay compensation. He also contended that the petition is bad for non-joinder of necessary parties i.e., the owner and insurer of motorcycle bearing No.AP-20J-5466.

5. Respondent No.2, who is the insurer of the crime vehicle, filed his counter and denied all the averments made in the claim petition including, age, avocation, earnings of the deceased and further contended that the driver is not having valid driving license at the time of accident and there is no insurance policy coverage to the crime vehicle at the time of accident and as such, Respondent No.2 is not liable to pay any compensation and that the compensation claimed is excess and exorbitant and prayed to dismiss the claim against it.

6. Based on the above pleadings, the learned Tribunal had framed the following issues:-

(i) Whether the accident took place on 20.02.2012 due to the rash and negligent driving of the driver of Tractor-

Trailer bearing No.AP-20Y-1203/1204 by its driver?

(ii) Whether the petitioners are entitled for compensation as prayed for? If so, to what amount and from which of the respondents?

(iii)