THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA

JUDGMENT:

This MACMA is filed under Section 173 of M.V.Act, 1988 by the Appellant/Insurance Company/respondent No.3 against the Award and decree passed by the Chairman, Motor Accident Claims Tribunal-cum- Prl.District Judge, Karimnagar, (hereinafter referred to ‘learned Tribunal’) in M.V.O.P.No.493 of 2016, dated 20.08.2019, wherein claimant filed the claim petition under Section 166 of M.V.Act seeking compensation of Rs.25,00,000/- on account of death of 1^st petitioner’s mother, namely Sri Akula Damador Rao, (herein after referred as ‘deceased’) who died in Motor Vehicle accident occurred on 06.05.2014.

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

3. The brief facts of the case are that claimants filed M.V.O.P.No.493 of 2016 under Section 166 of the M.V.Act, 1988 seeking compensation for the death of the deceased, who died in the accident alleged to have caused due to rash and negligent manner of the Tipper Lorry driver. It is contended that on 06.05.2014, the deceased along with her children while returning to Hanmakonda from Hyderabad in a Car bearing No.AP-36-UG-2961 being driven by deceased’s son and when they reached opposite Shama Petrol Pump at Chinnapendyal Village, driver of the Tipper Lorry bearing No.AP-24-TB-9797 drove in a rash and negligent manner with high speed came from opposite direction dashed to their car, as a result, the deceased sustained severe injuries all over the body and died on the spot. The Police registered a case in Crime No.178 of 2014 under Section 304-A of IPC against the respondent No.1/driver of offending vehicle and after completion of investigation, charge sheet was also filed against the driver of the lorry and made responsible for the accident.

4. The contention of the claimants was that, as on the date of accident the deceased was aged about 54 years and was hale and healthy. The deceased was a family pensioner and getting pension of Rs.12,000/ per month as deceased husband worked as Circle Inspector of Police. The deceased was also having agricultural land to an extent of Ac.60-00 gts and earning Rs.2,16,000/- per annum from agriculture and was contributing the same for the welfare of the claimants. Due to the sudden death of the deceased, the claimants have lost the source of their future support and dependency, motherly love and affection and earning of the deceased. The claimants claimed an amount of Rs.25,00,000/- as compensation for the death of the deceased under various heads.

5. Before the learned Tribunal, respondent No.1 (driver of the Tipper Lorry) and respondent No.2- Owner of Tipper Lorry remained ex-parte. The respondent No.3 – The Cholamandalam MS General Insurance Company Limited filed a 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 driver of the car and the driver of the offending lorry were not holding any driving licence as on the date of accident and further contended that the compensation claimed is excessive and prayed to dismiss the claim petition.

6. 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 road traffic accident between the car bearing No.AP-39- UG-2961 and Tipper Lorry bearing No.AP-24-TB-9797 on 06.05.2014 at 5.45 AM., had taken place and if so, is it due to the negligence in driving of the car or tipper lorry or it is due to contributory negligence?

ii) Whether the petitioners are entitled for compensation, if so, to what quantum and from which of the respondents?

iii) To what relief?

7. After perusing the oral and documentary evidences and going into the entire record and the evidences placed by both the parties, the learned Tribunal allowed the claim in part and granted compensation of Rs.20,40