THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA M.A.C.M.A.NO.10 OF 2020

JUDGMENT

This appeal has been preferred by the appellant-IFFCO TOKIO General Insurance Company Limited being aggrieved by the Award and decree, dated 25.09.2019 in M.V.O.P.No.265 of 2017 passed by the learned Chairman, Motor Accidents Claims Tribunal-cum-XXVII Additional Chief Judge, City Civil Court, Secunderabad (for short, ‘the Tribunal’).

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 on 20.02.2017, the deceased-B.Siddiramulu (hereinafter referred to, as ‘the deceased’) started from his house situated at Medak on a motorcycle bearing No.AP-28-P-5144 in order to go to Shankarampet Village for his personal work and when he reached outskirts of Rajpally limits, at about 12:00 Noon, the driver of Car bearing No.AP-09-BB-0171 namely N.Mallesh Goud drove the same in a rash and negligent manner with high speed coming in the same direction and hit the motorcycle of the deceased from rear side, as a result of which, the deceased fell down from the vehicle and the offending vehicle ran over him. As a result of which, the deceased received severe bleeding injuries all over the body and died on the spot. Petitioner No.1 is wife, petitioner Nos.2 and 3 are sons and petitioner No.4 is mother of the deceased.

4. Prior to the accident, the deceased used to work as an Advocate Clerk and used to earn an amount of Rs.12,000/- per month. Besides that he also used to iron the clothes from 5:00AM to 8:30 AM and used to earn an amount of Rs.8,000/- per month and the entire amount contributed for welfare of his family members. Prior to the accident, the deceased was hale and healthy. Due to sudden death of the deceased, the petitioners were put to mental shock and agony. The deceased was only earning member in the entire family and the petitioners are not having any other source of income to maintain themselves. A case in Crime No.25 of 2017 was also registered by the police Medak Town under Section 304-A of IPC against the driver of the offending vehicle. It is further stated that respondent No.1 is owner–

cum-driver, respondent No.2 is previous registered owner and respondent No.3 is insurer of offending vehicle, as such all the respondents are jointly and severally liable to pay compensation to the petitioners.

5. Respondent Nos.1 and 2 remained ex parte before the Tribunal. Respondent No.3 filed counter-affidavit denying the averments made in the claim petition and he admits that respondent No.2, offending vehicle bearing No.AP-09-BB-0171 is covered by insurance policy cover note for the period from 25.05.2016 to 24.05.2017 and it is in possession of the insured. The person driving the offending vehicle has no relation in force as on the date of accident to drive the vehicle, as such respondent No.3 is not liable to pay compensation to the petitioners. It is further stated that the rider of motorcycle drove the vehicle in a rash and negligent manner and caused the accident, as such respondent No.3 is not liable to pay any compensation to the petitioners and hence, he prays to dismiss the O.P.

6. On the basis of above pleadings, the Tribunal framed the following issues for trial:

“1. Whether the accident occurred due to rash and negligent driving of Car bearing No.AP-09-BB-0171 ?

2. Whether the petitioners are entitled for compensation and if so, from whom and what quantum of amount?

3. To what relief?”

7. After due enquiry and taking into consideration the oral and documentary evidence on record i.e., P.Ws.1 to 3 and Exs.A.1 to A.15 and on behalf of the respondents no oral evidence was adduced except marking of Ex.B.1, the Tribunal came to the conclusion that the said accident has occurred due to rash and negligent driving of driver of offending vehicle and allowed the appeal granting compensation of Rs.24,78,000/- with interest @7.5% per annum to the petitioners. Being aggrieved