THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

JUDGMENT:

1. Dissatisfied with the quantum of compensation awarded by the learned Motor Accidents Claims Tribunal, Principal District Judge, Nalgonda (for short, “the Tribunal”), in M.V.O.P.No.546 of 2016, dated 30.07.2018, the petitioners in the said O.P. preferred the present Appeal seeking enhancement of compensation amount. 2. For the sake of convenience, the parties hereinafter are

referred as they were arrayed before the learned Tribunal.

3. The brief facts of the case are that the petitioners, who are the wife, sons, mother and father of late Sathyanarayana Reddy (hereinafter referred as ‘the deceased’) filed a petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs.15,00,000/-, on account of the death of the deceased in a motor vehicle accident that occurred on 16.07.2016. It is stated by the petitioners that on 16.07.2016 at about 02:00 P.M., when the deceased was riding the said motorcycle in a normal speed on left side of the road by following traffic rules, on the way the deceased reached near police station of Mothey village and mandal of Nalgonda Distict, then one cement tanker lorry bearing No.AP-24- TB-08-29 which was driven by the 1^st respondent in a rash and

negligent manner and dashed to the vehicle in which the deceased was travelling. As a result, the deceased sustained head injury, fracture of left leg, grievous in abdomen, pelvis and other multiple injuries and fractures all over the body. Immediately, after the accident, the deceased was shifted to Government Area Hospital at Suryapet and admitted as in-patient and while undergoing treatment, he died on the same day at about 03:00 P.M.

4. It is stated by the petitioners that as on the date of accident, the deceased was aged 30 years and used to attend electrician works and agricultural works and used to earn Rs.2,20,000/- per annum. Due to the sudden death of the deceased, the petitioners lost their sole bread winner and became destitute and hence filed claim petition seeking compensation against the respondents.

5. Respondent Nos.1 & 2, who are the driver and owner of the crime vehicle i.e., Cement Tanker lorry bearing No.AP-24-TB-08-29 remained ex-parte.

6. Respondent No.3/New India Assurance Company filed its counter denying the place and date of the accident, the registration of the crime vehicle by Mothey Police Station, the relationship of the petitioners with the deceased, the age and earnings of the deceased, his contribution to the family, and the insurance coverage of the crime vehicle with the third respondent. It also alleged violation of driving conditions, issues with the license particulars, and non-compliance with the terms of the petition. The respondent No.3 denied the claim as excessive and ultimately sought its dismissal.

7. Based on the pleadings made by both parties, the learned Tribunal had framed the following issues:-

(i) Whether the deceased died in the road accident occurred on

16.07.2016 at about 02:00 P.M., near police station, Mothey Village and Mandal, Nalgonda District due to the rash and negligent driving of the driver of the cement Tanker Lorry bearing No.AP-24-TB-0829?

(ii) Whether the petitioners are entitled for any compensation, if so from whom and to what amount?

(iii) To what relief?

8. During the course of trial before the Tribunal, on behalf of the petitioners, PWs.1 to 4 were examined and Exs.A1 to A7 were marked. On behalf of the respondents, no oral evidence was adduced.

9. After considering the entire evidence and documents available on record, the learned Tribunal had partly allowed the claim petition by awarding compensation of Rs.9,88,000/- along with interest @ 7% per annum from the date of filling of the petition till the date of award and subsequent interest @

6% per annum from the date of award till the date of realization payable by respondent Nos.1 to 3 jointly and severally. Aggrieved by the same, the claim petitioners preferred the prese