HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO M.A.C.M.A.NO.84 OF 2022

JUDGMENT

This appeal is directed against the order and decree dated

24.07.2019 in M.V.O.P.No.431 of 2016, passed by the Chairman, Motor Accidents Claims Tribunal-cum-V Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, Hyderabad (for short, ‘the Tribunal’), wherein the claim of appellants/claimants herein was partly allowed, awarding compensation of Rs.3,00,000/- with interest at 9% per annum from the date of filing of the petition till the date of deposit.

2. Heard Mr. C.M.Prakash, learned counsel for the appellants/claimants and Mr. S.Satyanarayana Rao, learned counsel for respondent No.2/insurance company. Perused the material on record.

3. The appellants herein are the claim petitioners, respondent No.1 is the owner of the crime vehicle, respondent No.2 herein is the insurance company, respondent No.3 is the driver of the crime vehicle before the Tribunal. For convenience, the parties hereinafter are referred to as they are arrayed before the Tribunal.

4. The brief factual matrix of the present appeal is that on 20.03.2016 at about 10.00 hours, Ms. M.Brinda (hereinafter referred to as the deceased) while travelling in a Mini Bus bearing registration No.AP-29-V-9618 (hereinafter referred to ‘crime vehicle’) towards Hyderabad, meanwhile at about 06.30 p.m., when they reached outskirts of Kishtapur village, the bus driver of crime vehicle drove the said vehicle in negligent manner and while trying to overtake front vehicle, dashed against a tree besides the road, due to which one Anil Kumar died instantaneously and the deceased Brinda, who sat on the lap of Anil Kumar, succumbed to injuries on the spot. The deceased was shifted to Area Hospital for conducting inquest panchanama. The Police, Kulcharam Police Station registered a case in Crime No.23 of 2016 under Sections 304-A and 337 of IPC against the driver of crime vehicle and filed charge sheet.

5. It is further averred that the deceased was aged 5 years and was hale and healthy prior to the date of accident and due to the death of the deceased, the claim petitioners, who are the parents of the deceased, lost their love and affection and as such, the claim petitioners filed MVOP No.431 of 2016 claiming Rs.5,00,000/- for compensation on account of death of deceased in a road accident.

6. The Tribunal, on due enquiry and on considering the oral and documentary evidence, has categorically held that the accident occurred due to the rash and negligent driving of the crime vehicle and awarded an amount of Rs.3,00,000/- to the claim petitioners along with interest.

7. Aggrieved by the same, the appellants/claim petitioners filed the present Appeal.

8. Learned counsel for appellants/claim petitioners submitted that the Tribunal failed to award just compensation, as claimed by the petitioners and the Tribunal failed to award any consortium to the claim petitioners. He further submitted that the Tribunal ought to have awarded more amounts of compensation under the conventional heads and further, no amount was granted under the head of loss of dependency and therefore, prayed to enhance the compensation.

9. Learned counsel for appellants/petitioners placed reliance on the decision of the Hon’ble Supreme Court in the case of Meena Devi vs. Nunu Chand Mahto @ Nemchand Mahto & others1

10. On the other hand, learned counsel for the 2nd respondent- insurance company contended that the compensation awarded by

1 (2023) 1 SCC 204

the Tribunal is just and proper and no case is made out by the petitioners to interfere with well considered Award passed by the Tribunal. However, he submitted that the interest awarded by the Tribunal is excess and he prayed to dismiss the appeal.

11. Perusal of the record, it is not in dispute that the deceased- M.Brinda expired in a fatal accident that occurred on 20.03.2016 at about 06.30 p.m., while she was travelling in a crime vehicle due to rash and negligent driving of the driver