IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY M.A.C.M.A.No.201 of 2019 DATE: 10.12.2025 Between:

D. Bheeramma and four others …..Appellants AND T. Ravi and another …..Respondents

JUDGMENT:

This appeal is preferred by the appellants-claimants challenging the impugned order and decree dated 19.09.2017 passed in O.P.No.490 of 2013 by the Chairman, Motor Accident Claims Tribunal-cum- Principal District and Sessions Judge, Adilabad (for short “the Tribunal”) whereby the Tribunal dismissed the claim petition.

2. The brief facts of the case are that on 01.02.2013 at about 8:30 p.m., the deceased-D.Ravi along with his friend were proceeding on a motorcycle bearing registration No.AP.01.AD.8391 from Mancherial to Seetharampalli Village and when they reached near Indu Bar (IB Chowrastha), Mancherial, an auto-rickshaw bearing registration No.AP.01.X.2219, driven by its driver in rash and negligent manner and at high speed, allegedly dashed the motorcycle from the opposite direction. As a result, both the deceased and his friend fell down and suffered grievous injuries. The deceased was immediately taken to Government Hospital, Mancherial, and was later referred to Karimnagar for further treatment. Unfortunately, he succumbed to his injuries on the way. The police of Mancherial Police Station registered a case vide Crime No.39 of 2013 under Sections 304-A and 338 IPC and filed charge sheet against the driver and the owner of the auto. Stating that the deceased, at the time of accident, was about 22 years old and was doing article-training as a chartered accountant and earning Rs.10,000/- per month and due to the sudden death of the deceased, the claimants (his mother and sisters) not only suffered pain and mental agony but also lost financial support, they filed the aforesaid claim petition before the Tribunal, seeking compensation of Rs.20,00,000/- for the death of the deceased in the road accident.

3. Before the Tribunal, respondent No.1 i.e., owner of the vehicle, though contested the matter, did not file counter. Respondent No.2 i.e., insurance company filed counter denying all the averments in the claim petition, including the alleged manner of accident, involvement of the auto-rickshaw No.AP.01.X.2219, rash or negligent driving by its driver, holding valid driving licence by the auto-driver, road-worthiness/valid insurance coverage of the auto on the date of accident, and genuine dependency of the claimants on the deceased or the losses suffered by the claimants as claimed in the petition. It was further contended that since the accident took place due to the rash and negligent driving on the part of the rider of the motor cycle, the owner/insurer of the motorcycle driven by deceased were necessary parties and the claim petition is not maintainable for non-joinder of necessary parties and as such prayed to dismiss the claim petition.

4. The Tribunal, upon appreciating the oral and documentary evidence held that the deceased died in the accident that occurred due to the rash and negligent driving of the auto driver and assessed the compensation at Rs.7,83,000/- under various heads i.e., loss of dependency, loss of love and affection, loss of estate, funeral and obsequies expenses, transport charges, but refused to fasten liability on the insurer and as a result, the claim petition was dismissed. Challenging the same, the appellants-claimants filed the present appeal.

5. Learned counsel for the appellants-claimants vehemently contended that the accident was caused due to the auto driver’s negligence, and as such the appellants-claimants are entitled at least to the compensation already assessed by the Tribunal i.e.,Rs.7,83,000/-; even if there was breach of policy conditions, liability should be fastened on the insurer by applying the doctrine “pay and recover”; and as such the learned counsel sought to grant compensation in favour of the appellants-claimants by setting aside the impu