HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD *****

M.A.C.M.A.No.509 of 2021 Between:

Karnam Padma W/o Late Karnam Jagadish Aged about: 40 years, Occ: House hold, R/o H.No.3-4-1/9/A, Amberpet, Hyderabad – 500 013.

… Appellant And

1. K. Naveen Kumar S/o K. Yadagiri, Aged: Major, Occ: Owner of motor ccycle bearing No.AP28BS9260 R/o H.No.4-37-152/2, Rama Krishna Nagar, Jagadirgutta, Kukatpally, Hyderabad.

2. ICICI Lombard General Insurance Company Ltd., Rep by its Manager (Legal), 3^rd Floor, Osman Plaza, Near Nagarjuna Circle, Punjagutta X Roads, Hyderabad 082.

… Respondents DATE OF JUDGMENT PRONOUNCED : 06.08.2025 Submitted for approval.

HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA

1 Whether Reporters of Local newspapers may be allowed to see the Yes/No Judgments?

2 Whether the copies of judgment may be marked to Law Reporters/Journals Yes/No

3 Whether Their Ladyship/Lordship wish to see the fair copy of the Yes/No Judgment?

HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA + MACMA. No.509 of 2021 % Dated 06.08.2025 Between:

# Karnam Padma W/o Late Karnam Jagadish Aged about: 40 years, Occ: House hold, R/o H.No.3-4-1/9/A, Amberpet, Hyderabad – 500 013.

… Appellant And

1. $ K. Naveen Kumar S/o K. Yadagiri, Aged: Major, Occ: Owner of motor ccycle bearing No.AP28BS9260 R/o H.No.4-37-152/2, Rama Krishna Nagar, Jagadirgutta, Kukatpally, Hyderabad.

2. ICICI Lombard General Insurance Company Ltd., Rep by its Manager (Legal), 3rd Floor, Osman Plaza, Near Nagarjuna Circle, Punjagutta X Roads, Hyderabad 082.

… Respondents ! Counsel for the Appellants: Sri P. Chandra Mouli ^ Counsel for the Respondent No.2: Sri Kondadi Ajay Kumar Gist:

>HEAD NOTE:

? Cases referred

1. AIR 2017 SCC 5157

2. 2025 Supreme (Online) (TEL) 1846

3. MACMA.No.1374 of 2016

4. MACMA.No.10 of 2018

5. MACMA.No.706 of 2010

6. AIR 2001 SUPREME COURT 1832

7. (2004) 5 SCC 385

8. MACMA.No.335 of 2014

9. MACMA.No.1374 of 2016

10. MACMA.No.10 of 2018 dated 04.04.2022

11. AIR Online 2009 SC 231, (2009)

12. 2025 Supreme (Online) (TEL) 1846 THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA M.A.C.M.A.NO.509 OF 2021

JUDGMENT:

This appeal is filed by the claimant, aggrieved by the Order and Decree dated 19.04.2021 in M.V.O.P.No.2675 of 2014 passed by the Chairman, Motor Vehicle Accident Claims Tribunal-cum-XXV Additional Chief Judge, City Civil Court, Hyderabad (for short “the Tribunal”) .

2. For convenience and clarity, the parties herein are referred to as they were arrayed before the Tribunal.

3. The case of the petitioner before the Tribunal is that on 22.05.2014 at about 2.30 p.m., the deceased was going as a pillion rider on a motor bike bearing No.AP-28-BS-9260 along with one Vivek Bharathi, while P. Sai Kumar was riding the said bike belonging to one Naveen Kumar/respondent No.1 from Ramanthapur towards Sri Ramana X Roads, Amberpet, Hyderabad and that the rider of the motor bike has driven it in a rash and negligent manner at a high speed in a zigzag fashion and that when they reached Agra Sweets Shop, Vinayak Nagar, Amberpet, an ambulance bearing No.AP-22-T-6818 which was proceeding in the same direction, dashed the motor bike of the deceased, due to which the deceased and others fell down and the deceased received fatal injuries and died on the spot. The claimants sought a compensation of Rs.5,00,000/- by filing a petition under Section 163-A of the MV Act.

4. The respondent No.1 remained ex-parte.

5. Respondent No.2 has filed counter denying the averments of the petition with regard to the occurrence of the accident, age, avocation and income of the deceased. It is further contended that initially the crime was registered, and charge sheet was filed by the police against the driver of the ambulance bearing No.AP-22-T-6818 for not holding valid driving license and as the vehicle was plying on the road without fitness certificate and permit but the petitioners failed to implead the owner of the ambulance bearing No.AP-22-T- 6818 and insurer of the ambulance. Respondent No.2 contended that there was no rash and negligence on