THE HON’BLE SRI JUSTICE GADI PRAVEEN KUMAR M.A.C.M.A.No.192 of 2024

JUDGMENT

Heard Sri C.Mohan Prakash, learned counsel for the appellants and Sri N.S.Bhaskara Rao, learned counsel appearing on behalf of respondent No.3 and perused the record.

2.

The Motor Accidents Civil Miscellaneous Appeal is preferred by the petitioner in M.V.O.P.No.414 of 2019 on the file of the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Nalgonda, (for short, ‘the Tribunal’), dissatisfied with the Award dated 20.09.2023, granting a sum of Rs.9,92,000/- towards compensation together with interest @7.5% per annum, as against the claim of Rs.15,00,000/- claimed under Section 166(1)(a) of the Motor Vehicles Act, 1988 on account of the death of the deceased, viz., Malugu Ramulu.

3.

The appellants herein are the petitioners before the Tribunal, while respondent Nos.1 to 4, driver of the car, owner of the car, insurer and owner of the motorcycle, respectively, are the respondents before the Tribunal.

4.

The facts leading to filing of the instant case before the learned Tribunal are that on 19.06.2018 at about 6.00 AM, while the deceased viz., Malugu Ramulu, was going on motorcycle bearing No.AP 24 AP 8730 from Kistapuram Village to Nalgonda Town, wherein the deceased was driving the motorcycle in normal speed on extremely left side of the road by observing traffic rules and when he reached Jamsthanpally X Road of Munugode Mandal at about 6.45 AM, one car bearing No.AP 29 AV 5778 and also the rider of the motorcycle bearing No.AP 29 A 7509 were stopped their vehicles in the middle of the road without taking any precautions and all of a sudden, the driver of the car was turned to Munugode side in a rash and negligent manner and dashed to deceased’s motorcycle, as a result of which, the deceased fell down on the road and received multiple injuries and fractures. Subsequently, while undergoing treatment at Yashoda Hospital, Malakpet, Hyderabad, the deceased died on 22.06.2018 at about 8.47 PM. Therefore, the claimants, who are wife and daughter of the deceased, had filed MVOP No.414 of 2019 claiming compensation of Rs.15,00,000/- along with interest at 18% per annum.

5.

It is contended that prior to the accident, the deceased, aged about 55 years, was hale and healthy person and was doing agriculture and also taking others lands on lease and cultivating cotton, paddy along with other seasonal crops and earning an amount of Rs.2,50,000/-, and that the deceased was also doing milk vending business and earning an amount of Rs.10,000/- per month and used to contribute the same for the maintenance of the claimants.

6.

Respondent No.1 remained ex parte before the Tribunal. The respondent No.3 filed a counter-affidavit denying the averments made in the affidavit. It is stated therein that the insurance policy issued in favour of the respondent No.2 was valid from 26.05.2018 to 25.05.2019 midnight and is in the possession of the insured. It is further stated that the MVOP is bad for non-joinder of proper and necessary parties; and that the petitioner No.2, being married daughter of the deceased, is not dependent on the earnings of the deceased and therefore, her claim is liable to be dismissed. It is also stated that the rider of the motorcycle was not having valid driving licence and that the claimants are put to strict proof as regards the age, income and occupation of the deceased. The respondent No.3 specifically denies the amounts claimed by the claimants under various heads as excessive, exorbitant and exaggerated and the claimants are not entitled for the same and prays for dismissal of the MVOP.

7.

The learned Tribunal basing on the pleadings framed the following issues for consideration:

“1. Whether road traffic accident occurred on 19.06.2018 at about 6.45 p.m. near Jamsthanpally X Road of Munugode Mandal of Nalgonda District, due to rash and negligent driving of the Car bearing No.AP 29 AV 5778, and also due to fault parking of a motorcycle bearing