THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA M.A.C.M.A.NO.303 OF 2020

JUDGMENT:

This appeal is filed under Section 173 of the Motor Vehicles Act, 1988, by the appellants-claimants being aggrieved by the Award and decree, dated 26.11.2018, in M.V.O.P.No.477 of 2016 passed by the Motor Accidents Claims Tribunal (Principal District Judge) at Nizamabad (for short, ‘the Tribunal’), wherein the claimants were awarded an amount of Rs.15,42,000/- as compensation with interest @7.5% per annum.

2. The brief facts of the case are that on 28.06.2016 Bodire Prashanth (hereinafter referred to as ‘the deceased’) was travelling as a pillion rider on a motorcycle bearing No.AP-16-CN-9678 along with one Prakash, who was riding the said motorcycle and when they reached near Sainath Society on the outskirts of Quthbullapur, at about 2:00 PM the driver of the truck lorry bearing No.AP-24-W-4083 parked the vehicle in the middle of the road at turning point negligently without putting any signals, indicators etc., due to which rider of the motorcycle came in contact with the said truck, as a result of which the deceased along with the rider of the motorcycle fell down from vehicle and received injuries all over the body. The deceased also sustained fracture of skull, fracture of nasal bone and other multiple and grievous injuries all over the body.

3. Immediately after the accident, the deceased was shifted to Narayana Hrudayala Hospital, Secunderabad, where the deceased died on the same day at about 7:40 PM while undergoing treatment. The appellants-claimants incurred an amount of Rs.2,00,000/- towards treatment and transportation of the dead body. The appellants, being father, mother, sister and brother of the deceased stated that the accident has occurred due to negligent parking of lorry bearing No.AP-24-W-4083, by its driver in the middle of the road without taking any precautions. The police Dundigal registered a case in Crime No.339 of 2016 under Section 304-

A of IPC.

4. At the time of accident, the deceased was aged about 20 years, pursuing B.Tech final year in Malla Reddy College of Engineering and Technology and he also received offer of appointment in M/s. Micro Spark Solutions. The deceased also used to earn an amount of Rs.40,000/- per month and contributing the same to the family for maintenance. Due to the death of the deceased, the appellants lost their love and affection, financial support and suffered mental agony, as such the appellants claimed an amount of Rs.30,00,000/- towards compensation for the death of the deceased.

5. Respondent No.1 remained ex parte before the Tribunal. Notice sent to respondent No.1 was returned unserved. Hence, notice against respondent No.1 is dispensed with.

6. Respondent No.2 - insurance company filed counter-affidavit denying the averments made in the petition and also denied as to the nature of the accident and involvement of the crime vehicle. It is also pleaded that the driver of the crime vehicle drove the vehicle without holding any valid and effective driving licence. It is stated that the compensation claimed by the appellants is excessive and hence, he prays to dismiss the O.P.

7. Basing on the above pleadings, the Tribunal framed the following issues for consideration:

“1. Whether the accident took place due to rash and negligent driving of driver of Truck lorry bearing No.AP-24-W-4083 by its driver causing death of ‘Bodire Prashanth?

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

3. To what relief.”

8. On behalf of the appellants, P.Ws.1 and 2 were examined and marked Exs.A.1 to A.12. On behalf of respondent No.2, R.W.1 was examined and Ex.B.1-copy of insurance policy was marked.

9. Having considered the entire material placed on record, particularly the evidence of P.W.2 coupled with Exs.A.1 to A.4, the Tribunal came to the conclusion that the accident has occurred due to negligence of driver of truck lorry bearing No.AP-24-W-4083 stationed in the m