THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO M.A.C.M.A. No.136 of 2022

JUDGMENT:

This MACMA is filed by the appellants/claimants assailing the Award, dt.27.11.2018, in MVOP.No.533 of 2013 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge at Nalgonda, for enhancement of compensation and also challenging the order of the Tribunal in absolving the liability of the 2nd respondent.

2. Heard Sri G.Satyanarayana Yadav, learned counsel for the appellants, and Sri Vutla Srinivas Rao, learned Standing Counsel appearing for the 2^nd respondent-Insurance Company.

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

4. The brief facts of the case are that, the claimants, who are the wife, son, mother and father of the deceased-Vankudothu Raju, filed a petition under Section 166 R/w 140 of the Motor Vehicles Act, 1988, claiming compensation of Rs.15,00,000/- for the death of the deceased in a road accident that took place on 17.08.2012. On the fatefulday, while the deceased was proceeding towards Chandur on his motor cycle bearing No.AP 29 C 6535 in a moderate speed on the extreme left side of the road, at about 15.30 hours, when he was passing through Parvathagiri Village, a motor cycle bearing No.AP 24 AN 2204 being driven by its rider/1st respondent, came in opposite direction in a rash and negligent manner with high speed and dashed to the deceased-motor cycle, as a result of which he fell down and sustained injuries, while so, a tractor and trolley bearing No.AP 24 V 9939 and 9940, which came at high speed from opposite direction, ran over the deceased resulting multiple fractures and grievous injuries all over his body, as a result of which he succumbed to injuries on the way to the hospital.

5. The police of Kangal P.S., registered a case in Crime No.82 of 2012 against the drivers of both the offending vehicles i.e., motor cycle bearing No.AP 24 AN 2204 and tractor and trolley bearing No.AP 24 V 9939 and 9940.

6. The claimants contended that prior to the accident, the deceased was hale & healthy, aged about 25 years and used to work as Cooking Master and earn Rs.15,000/- p.m., and on account of death of the deceased, the petitioners lost their only earning member of the family. The 1^st respondent being the owner of motor cycle bearing No.AP 24 AN 2204 and 2^nd respondent being its insurer and the 3^rd respondent being the owner of tractor and trolley bearing No.AP 24 V 9939 and 9940, are jointly and severally liable to pay compensation.

7. The Tribunal after due enquiry and examining the evidence of PWs.1 to 3 and Exs.A1 to A5 as well as RWs.1 to 3 and Exs.B1 to B8, held that the accident has occurred due to the rash and negligent acts of the 1^st and 3^rd respondents and fixed the liability @ 50% each on 1^st and 3^rd respondents. However, as on the date of accident, as the 1st respondent/driver was not holding valid driving licence exonerated the 2^nd respondent from liability. The Tribunal awarded an amount of Rs.10,42,000/- as just and fair compensation together with interest @ 7% per annum from the date of petition till the date of award and @ 6% per annum from the date of award till the date of realization.

8. Aggrieved by the same, the claimants filed the present appeal seeking enhancement of compensation and also assailing the Award to the extent of exonerating the 2nd respondent and sought for a direction to the 2^nd respondent to first pay the compensation and thereupon recover from the 1^st respondent.

9. Learned counsel appearing for the appellants-claimants submits that the Tribunal while rightly concluded that the accident occurred due to the rash and negligent acts of both 1^st and 3^rd respondents and fixed contributory negligence @ 50% on both the vehicles, has not considered the evidence of RW1 and the exhibits filed in support of the claim petition and erred in exonerating the 2^nd respondent from liability on the ground that the 1st r