HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY COMMON JUDGMENT:

M.A.C.M.A.No.263 of 2024 is filed aggrieved by the judgment and decree, dated 07.11.2023 in M.V.O.P.No.1236 of 2016 on the file of the Chairman, Motor Accident Claims Tribunal-cum-Principal District and Sessions Court, Ranga Reddy District at L.B.Nagar by the insurance company being aggrieved by the compensation awarded by the tribunal.

2. M.A.C.M.A.No.403 of 2024 is filed aggrieved by the judgment and decree, dated 07.11.2023 in M.V.O.P.No.1236 of 2016 passed by the Chariman, Motor Accident Claims Tribunal-cum-Principal District and Sessions Court, Ranga Reddy District at L.B.nagar, by the claimants not being satisfied with the compensation awarded by the Tribunal.

3. Since both these appeals are filed against the same award dated 07.11.2023 in M.V.O.P.No.1236 of 2016, they are heard together and being disposed of by this common judgment.

4. Heard Sri C.Mohan Prakash, learned counsel for the appellants in M.A.C.M.A.No.403 of 2024 and respondent Nos.1 to 4 in M.A.C.M.A.No.263 of 2024.

5. Heard Sri Harinath Reddy Soma, learned counsel for the appellant in M.A.C.M.A.No.263 of 2024 and respondent No.3 in M.A.C.M.A.No.403 of 2024.

6. For convenience, M.A.C.M.A.No.403 of 2024 is taken up as lead case, in so far as facts are concerned.

7. The brief factual matrix of the present appeal is as under:

7.1. One Vadavalasa Bala Krishna, was on duty as a driver and driving a Scorpio bearing No.OD-23A-3333, towards Cuttack with two passengers on 06.07.2016 and when he reached a petrol bunk near Govind Nagar Village, a truck bearing No.AP-05TU-9198, driven by respondent No.1 in a rash and negligent manner came out of petrol bunk and collided with Scorpio vehicle and as a result the said Bala Krishna died on spot. The police of Golanthara in Ganjam District, Orissa State, registered a case in Crime No.100 of 2016 under Section 304-A of the India Penal Code against respondent No.1. Respondent No.1 is driver, respondent No.2 is owner of the vehicle and respondent No.3 is insurer of the crime vehicle.

8. Appellant No.1 being wife of the deceased, appellant No.2 being son and appellant Nos.3 and 4 being the parents of the deceased filed M.V.O.P.No.1236 of 2016 before the tribunal claiming compensation of Rs.15,00,000/- on account of the death of the deceased. Respondent Nos.1 and 2 remained ex-parte and respondent No.3 filed counter denying allegations and contended that accident has taken place due to negligence of deceased himself, who dashed the truck from behind and therefore, insurance company is not liable to pay compensation.

9. The Tribunal, basing on the above pleadings, framed the following issues:

(i) Whether the petition is bad for non-joinder of necessary parties ?

(ii) Whether the accident that occurred on 06.07.2016 at about 2.45 P.M. on NH-16, in front of Indian Petrol Pump near Govinda Nagar village, Ganjam District, Odisha, was due to rash, negligent and high speed driving of Truck bearing No.AP-05U-9198, by its driver?

(iii) Whether the petitioners are entitled to compensation and if so, what quantum and from whom?

(iv) To what relief?

10. Subsequently, the issues were re-cast as follows:-

(i) Whether the accident that occurred on 06.07.2016 at about 2.45 P.M. in front of Indian petrol Bunk near Govinda Nagar Village, Ganjam District, Odisha, was due to the negligence of respondent No.1 in driving the Truck bearing No.AP-05TU-9198?

(ii) Whether Vadavalasa Bala Krishna died as a result of injuries sustained in the said accident?

(iii) Whether the accident occurred due to the negligence of Vadavalasa Bala Krishna?

(iv) Whether the petitioners are entitled for compensation? If so, what is the quantum of compensation and from which of the respondents?

(v) What relief?

11. In order to substantiate the case, on behalf of the claimants, PWs.1 and 2 were examined and Exs.A1 to A8 were marked. On behalf of respondent No.3, RW1 was examined and Ex.B1-Office copy of Insurance Policy was marked.

12.