THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA

JUDGMENT:

This M.A.C.M.A. is filed by the appellants/claimants under Section 173 of M.V.Act against the Award and decree passed by learned V Additional District Judge - Cum- Chairman, Motor Vehicle Accidents Tribunal, Karimnagar (hereinafter referred to as ‘the Tribunal’) in M.V.O.P.No.416 of 2018, dated 29.01.2020, seeking compensation of Rs. 20,00,000/- on account of the death of K.Mohan, who died in a road accident that occurred on

30.07.2018.

2. The brief facts of the case are that appellants/claimants filed M.V.O.P.No.416 of 2018 under Section 166(1)(c) of the M.V.Act, 1988, seeking compensation for the death of the deceased, who died in the accident alleged to have caused due to rash and negligent driving of the driver of the Tipper vehicle bearing No.TS- 04-UC-2359. It is contended that on 30.07.2018, the deceased was returning back to home on his TVS moped, in between a Tipper vehicle bearing No.TS-04-UC-2359 came in rash and negligent manner by reversing the crime vehicle and hit the deceased moped No.TS-02-EH-9637, as a result, he received severe head injury. The deceased was shifted to Good Life hospital Karimnagar for treatment. Thereafter, for better treatment, he was shifted to Government hospital, Karimnagar, where he was succumbed to the injuries. The Police, Chigurumamidi P.S., registered a case vide Crime No.78 of 2018 under Section 304-A IPC against the driver of the Crime Vehicle. The appellants/claimants claimed compensation of Rs.20,00,000/- as compensation for the death of the deceased under various heads.

3. The contention of the claimants before the Tribunal was that petitioner No.1 lost his spouse due to the accident and there is no one to look after the family and that the claimants have to depend on others for their day-to-day basic needs and the prayed the Tribunal to award just compensation.

4. Before the learned Tribunal, both the respondent No.1-Driver of the offending Tipper; and respondent No.3 - United India Insurance Company Limited, filed their counter-affidavit, denying all the averments made in the claim petition and contended that the accident had occurred due to the deceased self negligence and further contended that the compensation claimed is exorbitant and prayed to dismiss the claim petition.

5. Basing on the pleadings and averments made by both the counsel, the learned Tribunal framed the following issues for trial:

“1. Whether the accident has occurred due to the rash and negligent driving of the offending vehicle Tipper bearing No.TS-04-UC-2359 by its driver ?

2. Whether the petitioners are entitled to any compensation, if so to what amount and from which of the respondent ?

3. To what relief ?”

6. During the course of enquiry, on behalf of the claimants, PWs.1 & 2 were examined and Exs.A1 to A5. On behalf of the defendants, no oral evidence was evidenced, but Ex.B1-copy of the insurance policy and Ex.B2-Driving Licence were marked.

7. After considering the material on record and the evidence placed by both the parties, the learned Tribunal allowed the claim petition in part and granted compensation of Rs.4,31,400/- along with interest @ 6% per annum.

8. Being unsatisfied by the compensation amount awarded by the learned Tribunal, the present appeal is filed on the ground that the deceased was aged about 40 years at the date of accident and was working as V.R.A. (Sunkari) and was earning Rs.25,000/- per month and was contributing the same to the welfare of the family, but the learned Tribunal did not consider the above averments and fixed the income of the deceased at Rs.3,000/- per month and the learned Tribunal has not awarded just and fair compensation amount under other heads.

9. Learned counsel for the appellants/claimants submits that there is no dispute with regard to accident, injuries sustained and death of the deceased. In trial, PW1 & PW2 were examined. Exhibits A.1 to A.5 were marked on behalf of claimants. Learned counsel further c