THE HONOURABLE SMT. JUSTICE RENUKA YARA M.A.C.M.A.Nos.59 and 194 of 2023

COMMON JUDGMENT:

Heard Sri Agasthya Sharma, learned counsel for the appellant in MACMA No.59 of 2023 and respondent No.1 in MACMA No.194 of 2023, Sri P. Ramakrishna Reddy, learned counsel for the appellants in MACMA No.194 of 2023 and respondent Nos.1 to 3 in MACMA No.59 of 2023 and Sri B. Ravinder, learned counsel for respondent No.6 in MACMA No.59 of 2023 and respondent No.1 in MACMA No.194 of 2023. Perused the entire record.

2. For the sake of convenience, the parties are reffered as they were arrayed in the claim petition.

3. The MACMA No.59 of 2023 is filed by respondent No.2/Insurance Company and MACMA No.194 of 2023 is filed by the claimants, aggrieved by the award passed by the Chairman, Motor Accident Claims Tribunal-cum-XI Additional Chief Judge, City Civil Courts, Hyderabad, in M.V.O.P.No.3099 of 2017, dated 01.07.2022. The Insurance company is questioning the quantum of compensation awarded whereas the claimants are seeking enhancement of compensation.

4. The claim petition was filed on account of death of one N. Narendra in a road traffic accident which occurred on 07.11.2017 at 10.40 am., when the deceased as pillion rider and his friend Vijayender Reddy as rider were going to the fields of Vijayender Reddy on motorcycle bearing No.TS 05 EL 9378. When they reached Sakshi paper office at the outskirts of Arjalabavi on Addanki-Narketpally road, Nalgonda, one Volkswagen car bearing No.TS 08 FL 4994 driven in high speed in rash and negligent manner from Narketpally dashed the motorcycle causing fall of both the riders. Due to impact of the accident, the deceased Narendra died on the spot. The body was flown 50 feet from the place of accident. The police, Nalgonda Rural, Nalgonda District registered a case in Crime no.286 of 2017 under Sections 304 and 337 of IPC, took up investigation and filed charge sheet. On account of the death of N. Narendra, the claim petition is filed seeking compensation of Rs.45,00,000/-.

5. The claimants got examined PWs 1 to 3 and got marked Exs.A1 to A11. The Insurance Company did not examine any witness but got marked Ex.B1/Copy of Insurance policy only. Upon examining the evidence on record, the Tribunal awarded compensation of Rs.39,03,000/- with interest at 9% per annum. Aggrieved by the said award, both the Insurance Company and claimants have preferred appeals.

6. The Insurance Company in MACMA No.59 of 2023 challenged the quantum of compensation awarded describing the same as huge compensation. Further, liability is also questioned alleging that both rider and pillion rider were not wearing helmets at relevant time. It is pleaded that in case, the riders were wearing helmets, the accident could have been avoided. As per Section 129 of M.V.Act, contributory negligence for violation of law ought to have been considered. In addition, it is pleaded that awarding compensation of Rs.39,03,000/- is not justified.

7. The claimants in MACMA No.194 of 2023 pleaded that salary certificate marked under Ex.A6 is not considered and therefore, the lesser compensation is awarded. Further, it is the case of claimants that age of the deceased is taken on the higher side and multiplier is on the lower side. Future prospects is also taken on the lesser side and less compensation is awarded. The spousal consortium is on the lesser side and filial consortium is not awarded. Further, lesser compensation is awarded towards funeral expenses and loss of estate. As such, pleaded that the compensation be enhanced.

8. First, coming to the case of the Insurance Company, the counter filed by them in claim petition does not contain any pleadings about the rider and pillion rider not wearing helmet in violation of Section 129 of M.V.Act. Routine defenses such as violation of Section 158 (6) and 134 (c) of M.V.Act are taken. Further, defenses available under Sections 149 and 175 of M.V.Act are sought. Routinely, driving license violation is alleged.