THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA M.A.C.M.A.NO.398 OF 2020

JUDGMENT:

This M.A.C.M.A. is preferred by the appellant-National Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988 (for short (‘the Act, 1988’), aggrieved by the award and decree, dated 28.11.2019 passed in M.V.O.P.No.746 of 2015 by the Motor Accidents Claims Tribunal-cum-Principal District Judge, Nizamabad (for short, ‘the Tribunal’).

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

3. The brief facts of the case are as under:-

(i) that the petitioners filed a claim-petition under Section

163-A of the Act, 1988 claiming compensation of Rs.20,00,000/- for the death of one Mr. Chiluveri Laxminarayana (hereinafter referred to as “the deceased”), who died in a motor vehicle accident that occurred on 28.06.2025. It is stated that on 28.06.2025 while the deceased was proceeding on his motorcycle bearing No.TS 16 EB 3253 from Thorlikonda towards Jakranpally and when he reached Manoharabad Village Shivar, suddenly one bull crossed the road and to save the bull, he could not control the vehicle and fell down from the vehicle due to which he sustained grievous fractures and head injury. Immediately after the accident, the deceased was shifted to Amrutha Laxmi Multi Speciality Hospital, Nizamabad from there he was referred to Oxygen Hospital, Vikrampuri, Hyderabad, but he died on 01.07.2025 while undergoing treatment. The petitioners incurred more than Rs.3,00,000/- for treatment.

(ii) that the deceased was working as Driver of TSRTC, Nizamabad and getting salary of Rs.44,676/-. The petitioners, who the wife and children of the deceased, are dependent on the income of the deceased and on account of the death of the deceased they lost their source of income. Hence, the petitioners filed the claim petition claiming compensation of Rs.20,00,000/- with interest @ 24% per annum payable by respondent, who is the insurer of the motorcycle.

4. Before the Tribunal, the respondent filed counter denying the averments in the claim-petition, disputed the manner of accident and involvement of the motorcycle. It is further stated that accident occurred only due to self negligence of the deceased and that he was not having any valid licence. It is also disputed the age, occupation and income of the deceased. It is further stated that Crime No.83 of 2015 was registered against the deceased for the offence under Section 304A of the Indian Penal Code, 1860 and later final report was filed as “action abated”. It is further contended that the Insurance Company is not liable to pay compensation and claim being made under Section 163-A of the Act, 1988 is not maintainable.

5. Basing on the above pleadings, the Tribunal framed the following issues:

1. Whether the death of deceased occurred due to use of Motorcycle bearing No.TS16EB3252?

2. Whether the petitioners are entitled for compensation? If so, to what extent and from whom?

3. To what relief?

6. Before the Tribunal, on behalf of the petitioners PWs.1 to 3 were examined and Exs.A1 to A5 and Ex.X1 to X3 were marked. On behalf of the respondent, R.W.1 was examined and Ex.B1 was marked.

7. After considering the oral and documentary evidence adduced by both the parties, the learned Tribunal came to conclusion that the present application was filed under Section 163-A of Act, 1988 and the deceased died while using the motorcycle, as such, the petitioners are entitled for compensation and awarded an amount of Rs.3,98,000/- together with interest @

7.5% per annum from the date of petition till the date of realisation.

8. Aggrieved by the said compensation awarded by the learned Tribunal, the insurance company preferred the present appeal on the following grounds:-

(i) that the learned Tribunal failed appreciate that the claim petition is not maintainable against his own insurer and in catena of judgments the Hon’ble Apex Court held that Section 147 of the Act, 1988,