THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA

M.A.C.M.A.No.217 of 2020

JUDGMENT:

This appeal is filed by the appellant-Insurance Company under

Section 173 of the M.V.Act, against the Award and decree passed by the XXVII Addl.Chief Judge, City Civil Court, Secunderabad (hereinafter referred to ‘learned Tribunal’) in M.V.O.P.No.109 of 2014, dated 23.05.2019, wherein the Tribunal has granted compensation of

Rs.23,18,900/- to the respondents herein.

2. Heard, Sri Srinivasa Rao Vutla, learned counsel for the petitioner- M/s.United India Insurance Company Limited and Sri C.Mohan Prakash, learned counsel for the respondents Perused the

material on record.

3. For the sake of convenience, the parties will be hereinafter referred

to as they are arrayed before the learned Tribunal.

4. The brief facts of the case are that Smt.Racharla Uma Devi filed filed M.V.O.P.No.109 of 2014 under Section 166 read with Sec.455 of Motor Vehicle Rules 1989 of the M.V.Act, 1988 seeking compensation of more than Rs.15,00,000/- for the injuries she received in a road

accident that took place on 16.06.2012. However, during the pendency of Tribunal proceeding, Smt.Racharala Uma Devi (herein after referred as ‘deceased’) passed away on 21.11.2014 and her legal heirs i.e., petitioners Nos.2 to 4 were added for claiming compensation.

5. On 16.06.2012, the deceased was proceeding from Siddipet towards Mulugu on motor Cycle bearing No.AP-23-S-5032 as pillion rider and on reaching outskirts of Thouta Village near Dharma Kana, the rider of the TVS bearing No.AP-29-TT T/R 5247, drove the vehicle in rash and negligent manner with high speed and dashed the motor cycle of the deceased from the opposite side. As a result, the deceased sustained grievous injuries all over the body including severe head injury. Immediately, the deceased was shifted to Government Hospital, Siddipet for treatment and thereafter, shifted to Yashoda Hospital, Secunderabad and later Apollo Hospital, Hyderabad for better treatment, where the deceased was admitted as inpatient for more than one month and undergone several surgeries, however on 21.11.2014, the deceased was succumbed to injuries. The Police registered a case in Crime No.36 of 2012 against the rider of the offending vehicle. The claimants claimed an amount of Rs.15,00,000/- as compensation for the death of the deceased under various heads.

6. The contention of the claimant before the Tribunal, was that as on the date of accident the deceased was aged about 33 years and was earning Rs.10,000/- per month by doing ‘Saree business’ which she used to contribute the same for the welfare of the family. Due to the sudden death of the deceased, the petitioners lost their conjugal happiness and her company and there is no person available in the petitioners’ home to do the household services including cooking of their food and the petitioners lost their dependency.

7. Before the learned Tribunal, respondent No.3 – M/s.United India Insurance Company Limited, filed counter-affidavit, denying all the averments made in the claim petition, including the manner in which the accident took place, age, avocation and income of the deceased and submitted that deceased was not holding valid and effective driving licences and the said vehicles were not road worthy to ply and further contended that the deceased was not in sound state of mind as such she is not fit for driving and the compensation claimed is excessive and prayed to dismiss the claim petition.

8. Basing on the pleadings and averments made by both the counsels, the learned Tribunal re-framed the following issues after the death of deceased, which reads as under:

i) Whether the pleaded accident occurred resulting in injuries and subsequently death of 1^st petitioner, due to any rash and negligent driving of the vehicle, i.e., TVS bearing No.AP-29-TT T/R 5247 by its driver?

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

iii) To what relief?

9. To p