THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA M.A.C.M.A.NO.708 OF 2020

JUDGMENT

This appeal has been preferred under Section 170 of the Motor Vehicles Act, 1988 (for short, ‘the Act, 1988’) by the appellants-claimants aggrieved by the Award and decree passed in O.P.No.860 of 2007, dated 22.03.2010, by the Chairman, Motor Accidents Claims Tribunal-cum-(VIII Additional District Judge) at Nizamabad (for short, ‘the Tribunal’), whereunder and whereby the Tribunal partly allowed the O.P. granting compensation of Rs.6,42,000/- with interest @ 9% per annum for the death Indur Yadagiri Goud (hereinafter referred to ‘as the deceased’) in a road accident occurred on 17.06.2007.

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

3. The brief facts of the case are that the claimants are wife, children and parents of the deceased, who died in a road accident occurred on 17.06.2007. The deceased is working as labourer in toddy depot No.II, Nizamabad. On 17.06.2007 at 11:30 PM, the deceased along with other labourers was travelling in Eicher Van bearing No.AP-25-U-7303 with a load of toddy bottles in crates and when the said vehicle crossed the bypass road of Arsapally at Dubba Shivar, the driver of the Van drove the vehicle rashly and negligently at high speed, as a result of which the deceased fell down from the Van and sustained serious injuries. Immediately after the accident, the deceased was shifted to Pragati Hospital, Nizamabad and while undergoing treatment he died on the same day. The deceased used to earn Rs.10,000/- per month by working as labourer in toddy depot. According to the claimants, the accident has occurred only on account of rash and negligent driving of driver of Van and respondent Nos.1 and 2, being the owner and insurer of Eicher Van are jointly and severally liable to pay compensation to the claimants.

4. Respondent No.1 filed counter-affidavit admitting that on 17.06.2007 at 11:30 PM the deceased was travelling in the subject vehicle as a labourer and on account of rash and negligent driving of driver of subject vehicle, the deceased fell down, sustained injuries and died in the hospital. He further stated that the said vehicle belongs to Toddy Cooperative Society Limited-II of Nizamabad, but the vehicle is nominally registered in name of respondent No.1 as he is one of the members of the Society. He also further submitted that the vehicle is insured with respondent No.2 and driver is also having valid driving licence as on the date of accident. Therefore, respondent No.2 is only liable to pay compensation to the claimants.

5. Respondent No.2 filed counter denying all the allegations made in the claimant petition, including the manner of accident and sustaining of injuries by the deceased on account of rash and negligent driving of driver of subject vehicle. He further stated that the subject vehicle was duly insured vide package policy No.050700/31/01/01/00003323 and the insurance was valid from 29.03.2007 to 28.03.2008 and the liability is strictly governed by the terms and conditions of the policy. He disputed the claim of the claimants and hence, he prays to dismiss the O.P.

6. Basing on the above pleadings, the Tribunal framed the following issues for consideration:

“(i) Whether the accident has taken place due to rash and negligent driving of the Eicher Van bearing No.AP-25-U-7303 by its driver?

(ii) Whether the deceased died in a motor vehicle accident and whether the petitioners are entitled to claim compensation, if so, to what amount and from which of the respondents?

(iii) To what relief?”

7. During the course of enquiry, the wife of the deceased (claimant No.1) herself examined as P.W.1 besides examining P.Ws.2 and 3 and got marked Ex.A.1 to A.10. On behalf of the respondents R.Ws.1 and 2 were examined and got marked Exs.B.1 to B.5.

8. The Tribunal, after considering the entire evidence both oral and documentary evidence produced by the claimants and r