THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA

JUDGMENT:

This M.A.C.M.A. is filed by the appellants-petitioners under Section 173 of Motor Vehicles Act, 1988 (for short, ‘the Act, 1988’) against the Award and decree, dated 23.08.2019,in O.P.No.253 of 2017 passed by learned Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Adilabad (hereinafter referred to as ‘the learned Tribunal’)wherein the learned Tribunal awarded compensation of Rs.9,20,500/- with interest @7.5% per annum to the petitioners.

2. Heard Sri S.Surender Reddy, learned counsel for the appellants-petitioners and Sri U.Shanthi Bhushan Rao, learned Standing Counsel for respondent No.3 and M.Sathish Reddy, learned counsel for respondent No.4 Perused the record.

3. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the M.V.O.P.

4. The brief facts of the case are that the dependents of the deceased Musle Balajee (hereinafter referred to as ‘the deceased’) filed claim petition under Section 166 (1)(c) of the Act, 1988 read with Rule 455 of the Motor Vehicle Rules, 1989 claiming compensation of Rs.20,00,000/- on account of death of the deceased in a road traffic accident that occurred on 01.03.2017 at about 6:15 P.M. near Kummaru Thanda Village. Petitioner No.1 is wife, petitioner Nos.2 and 3 are minor sons, petitioner Nos.4 and 5 are parents of the deceased.

5. On 01.03.2017, the deceased and his cousin brother Musle Sanjeev were proceeding on his motorcycle bearing No.AP- 01-AG-1955 from Dharmapuri Village towards Thanda Village to meet their relatives and at about 6:15 p.m., when they reached near Kummarithanda Village, meantime, one bus bearing No.TS- 01-UB-4508 which is hired by TGSRTC, being driven by its driver in a rash and negligent manner with high speed and dashed the motorcycle of the deceased from back side, due to which the deceased and pillion rider fell down and sustained injuries and deceased died on the spot. The accident had occurred purely due to negligent driving of driver of Bus bearing No.TS-01-UB-4508.

6. The police, Utnoor registered a case in Crime No.32 of

2017 for the offences under Sections 304-A and 338 of IPC against the driver of the said Bus and after completion of investigation filed charge sheet against him.

7. It is further averred in the petition that the deceased was hale and healthy and he was aged about 37 years at the time of accident. The deceased is having agricultural land in Survey No.29/1 to an extent of Ac.2.38 guntas and he used to earn a sum of Rs.2,00,000/- per annum from it. The deceased also used to work in M/s. Ramesh Cloth Merchant Shop at Ichoda and used to get salary of Rs.9,500/- per month and contribute the same for the welfare of the petitioners. Due to sudden death of the deceased, the petitioners were put to pain and mental agony and they also lost final support. Therefore, the petitioners filed claim petition claiming compensation of Rs.20,00,000/- from respondent Nos.1 to 4 jointly and severally.

8. Respondent Nos.1 and 2 did not contest the matter and remained ex parte.

9. Respondent No.3 - insurance company filed counter-

affidavit denying the material averments made in the petition including age, avocation and income of the deceased and also manner of the accident. It is further averred that the compensation claimed by the petitioners is excessive, exorbitant and hence prayed to dismiss the petition.

10. Basing on the above pleadings, the learned Tribunal framed the following issues for trial:

“1. Whether the death of Musle Balajee S/o M.Namdev who died in a motor vehicle accident occurred on 01.03.2017 at about 6:30 p.m., near Kummari Thanda village, due to rash and negligent driving of the bus bearing No.TS-01-UB-4508 by its driver i.e., respondent No.1?

2. Whether the petitioners are entitled for compensation? If so, to what extent and from whom?

3. Whether the petition is bad for non-joinder of owner and insurer of motorcycle bearing No.AP-01-AG-19