HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

JUDGMENT

Heard Sri Madhusudhan Reddy Kasi, learned Counsel for the appellant-insurance company and Sri M.Madhava Reddy, learned counsel for respondent No.1.

2. The present appeal has been filed by the appellant- insurance company aggrieved by the award passed by the Motor Accidents Claims Tribunal-cum-I Additional District and Sessions Judge at Suryapet (for short, ‘Tribunal’) in M.V.O.P.No.101 of 2023, dated 11.04.2025.

3. The appellant is the insurance company, respondent No.1 is claimant and respondent Nos.2 and 3 are driver and owner of the offending vehicle.

4. The brief factual matrix of the case is as follows:

4.1. On 01.06.2023, at about 7.15 pm, the deceased was riding the motor cycle, bearing registration No.TS-05-ED- 8574, along with his friends while returning from wedding ceremony and when they were about to enter on NH 365B road in front of VK function hall, one DCM bearing No.TS-29- TB-2679(hereinafter referred to as ‘offending vehicle’), driven by respondent No.2(driver) herein, coming from Suryapet in a rash and negligent manner in high speed dashed against the motor cycle of the deceased, due to which they fell down on road and friends of the deceased have sustained severe multiple injuries and the deceased who was riding the motorcycle sustained severe injuries and died on the spot; that Police of Arvapally registered a case in Crime No.66/2023 for the offence under Sections 304-A and 337 Indian Penal Code, 1860 against the driver of the offending vehicle and filed charge sheet under Sections 304-A and 338 of IPC.

5. Claimant is the mother of the deceased and she has filed claim petition against the driver, owner and insurer of the offending vehicle under Section 166 of Motor Vehicles Act, 1988, before the Tribunal claiming compensation of Rs.15,00,000/- along with interest @ 18% per annum from the date of the accident till the date of realization.

6. In the Claim Petition, the claimant contended that the deceased was hale and healthy and was earning Rs.20,000/- per month; that he was contributing all his earnings to the family expenses; that due to the death of the deceased, she has lost the sole bread winner of the family and suffered much mental pain and agony and hence, the claim for compensation of Rs.15,00,000/-.

7. Respondent Nos.2 and 3 herein have entered appearance and filed counter inter alia contending that the claim petition is liable to be dismissed in limine and further submitted that the accident occurred due to negligent driving of the motorcycle and the deceased was not having a driving license; that appellant herein is the insurer of the crime vehicle and the policy is valid and subsisting as on the date of accident and in the event of granting any compensation, the appellant insurance company is under obligation to indemnify the compensation.

8. The appellant-insurance company filed counter denying the averments made in the claim petition and inter alia contended that the claim petition is liable to be dismissed in limine and the respondent Nos.2 and 3 willfully stayed away from the proceedings in order to help the claimants without cooperating with insurance company; The insurance company further denied the age, avocation and income of the deceased and further averred that the driver of the crime vehicle was not holding a valid and effective driving license at the time of accident and as such, he committed breach of contract and violated the terms and conditions of the insurance policy and hence, the appellant-insurance company is not liable to pay compensation and the claim of Rs.15,00,000/- is excessive and exaggerated and prayed to dismiss the claim petition with exemplary costs.

9. On the basis of the above pleadings, the Tribunal framed the following issues for trial:

“(i) Whether the accident occurred on 01.06.2023, around 7.15 p.m, in front of V.K.Function Hall, NH- 365B, due to rash and negligent driving of driver of DCM bearing No.TS-29-TB-26