THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA

JUDGMENT:

This M.A.C.M.A. is filed under section 173 of M.V.Act against the Award and decree passed by the Additional Motor Accidents Claims Tribunal-cum VI Additional District & Sessions Judge, Adilabad, (hereinafter referred to as ‘the Tribunal’) in M.V.O.P.No.367 of 2016, dated 14.08.2019.

2. Heard Sri V.Sambasiva Rao, learned counsel for the appellant in MACMA – United India Insurance Company Limited, Sri S.Surender Reddy, 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 claimants filed M.V.O.P.No.367 of 2016 under Section 163(A) of Motor Vehicle Motor Vehicles Act, 1988 seeking compensation for the death of the Ellabelli Damodar (hereinafter referred as ‘deceased’) who died in the accident on 10.10.2016.

5. Brief facts of the case are that, on 10.10.2016, the deceased while proceeding on motorcycle bearing No.AP-01-M- 6550 from Ramakrishnapur to Krishna colony, Srirampur and due to speed, the deceased unable to control motorcycle and dashed to a Buffalo, as a result the deceased fell down and sustained severe injuries all over the body, more particularly on the head and died on the spot. The Police registered a case in Crime No.91 of 2016 under Section 174 CrPC. Later, the Post- mortem examination and inquest panchanama was conducted over the dead body of the deceased. The claimants claimed an amount of Rs.10,00,000/- as compensation.

6. The contention of the claimant before the Tribunal, was that as on the date of the accident the deceased was aged about 28 years and was earning Rs.10,000/- per month by working Private Job. Due to death of the deceased, the claimants are deprived of future earning of the deceased and lost their dependency.

7. Before the learned Tribunal, respondent No.1-owner of the motorcycle bearing No.AP-01-M-6550 remained ex-parte. Respondent No.2 – 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 the due to rash and negligent driving of the rider of the offending motorcycle bearing No.AP-01-M-6550 the self accident occurred and the deceased was not having valid driving license to drive the vehicle and further contended that 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 framed the following issues which reads as under:

i) Whether the accident took place due to rash and negligent driving of the Motorcycle bearing No.AP-01-M-6550 and the said accident resulted in the death of deceased Ellabelli Damodar?.

ii) Whether the petitioners are entitled for compensation. If so, to what amount and from whom?

iii) To what relief?

9. To prove the petitioners’ case, PWs.1 & 2 were examined and marked Exs.A1 to A6. RW1 was examined on behalf of the respondents, and Exs.B1 & B2 were marked.

10. After perusing the oral and documentary evidences and after going into the entire record and the evidence placed by both the parties, the learned Tribunal allowed the claim in part and granted compensation of Rs.5,14,000/- along with interest @

7.5% per annum.

11. Being unsatisfied and aggrieved by the compensation amount awarded by the learned Tribunal, the present appeal is filed by the appellant/Insurance Company on the grounds among the other grounds are that the respondent No.3, who is none other than the father of the deceased and submits that the petitioner filed claim petitioner under Section 163(A) of Motor Vehicles Act, 1988, since the decreased borrowed the Motor Cycle in question from his father and drove the offending Motor Cycle in question in rash and negligent manner and dashed a buffalo on the