THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA

JUDGMENT:

This M.A.C.M.A is filed under Section 173 of M.V.Act, 1988 by the Appellant/Insurance Company/respondent No.3 against the Award and decree passed by the Chairman, Motor Accidents Claims Tribunal- cum-XXVII Additional Chief Judge, City Civil Court, Secunderabad, (hereinafter referred to ‘learned Tribunal’) in O.P.No.320 of 2017, dated 02.08.2019, wherein claimants, who are wife, daughter and son of the deceased Sathyanarayana, filed the claim petition, under Section 166 of M.V.Act, seeking compensation of Rs.9,00,000/- along with interest @ 18% per annum, for the loss of life of the deceased, who died in Motor Vehicle accident that occurred on 30.04.2017.

2. For the sake of convenience, the parties will be hereinafter referred to as they are arrayed before the Tribunal.

3. The brief facts of the case are that claimants filed O.P.No.320 of 2017 under Section 166 of the M.V.Act, seeking compensation for the death of the deceased, who died in the accident alleged to have caused due to rash and negligent manner of driving of the Tanker Lorry bearing No.AP 29 TA 0401. It is contended that on 30.04.2017 at about 1.30 p.m., the deceased was proceedings on his motor cycle bearing No.AP 37 BA 3446 along with his wife from Sathupally towards Moddulagudem Village side. When they reached near Gattugudem Village outskirts of Dammapet Mandal, suddenly Tanker Lorry bearing No.AP 29 TA 0401, in rash and negligent manner, dashed the deceased motorcycle from rear side. As a result, the deceased received severe head injury and other grievous internal injuries all over the body and he succumbed to injuries on the spot. The Police registered a case in crime No.78 of 2017 under Sections 304-A of IPC against the driver of the offending vehicle.

4. The contention of the claimants was that, the deceased was an agriculturist having 10 acres of agricultural land and he raised commercial crops and maintained cows and supplied milk to hotels and maintained one Tractor and was earning a sum of Rs.1,00,000/- to Rs.1,50,000/- per annum and contributing the same for the welfare of his family and he was aged about 47 years and he was hale and health as on the date of accident and due to his sudden death, the petitioners lost love and affection and they were put to sufferance, mental agony, pain and irreparable loss and lost future dependency. The claimants claimed an amount of Rs.9,00,000/- as compensation for the death of the deceased under various heads.

5. Before the learned Tribunal, respondent Nos.1 and 2 (driver and the owner of the offending vehicle) remained ex-parte. Respondent No.3/Insurance Company filed counter affidavit and denied the averments of the petition and contended that respondent No.2/owner has not intimated about the accident to respondent No.3 and sought protection under Section 170-B of M.V.Act. Further, contended that respondent No.1/Driver of the offending vehicle did not have valid driving license and the Policy Number mentioned in the claim petition does not tally with the series of respondent No.3/Insurance Company and the offending vehicle is not fit or road worthy to ply on road and also does not have permit. Further, contended that the owner and Insurer of Motor Cycle bearing No.AP 37 BA 3446 are necessary parties to the claim petition, non-joinder of necessary parties is fatal to the case of the claimants, as such the claim petition is liable to be dismissed and sought for protection under Sections 147, 149 of MV Act and further contended that the compensation and interest claimed is excessive and prayed to dismiss the claim petition.

6. Basing on the pleadings and averments made by both the counsels, the learned Tribunal framed the following issues, which reads as under:

1. Whether the pleaded accident occurred due to any rash or negligent driving of Lorry bearing No.AP 29 TA 0401?

2. Whether the petitioners are entitled for compensation and if so, at what quantum and what i