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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD.

THE HON’BLE SRI JUSTICE GADI PRAVEEN KUMAR

M.A.C.M.A.No.411 of 2013

Date of Judgment: 26.03.2026

Between :

United India Insurance Co. Ltd. .… Appellant

And

1. M.Varalaxmi and Three Others .… Respondents.

JUDGMENT:

Heard, Ms.Bobba Vijayalakshmi, learned counsel appearing for the

appellant as well as Sri V.Krishna Rao, learned counsel appearing for the

respondent Nos.1 and 2.

2. The present Appeal is filed by the Insurance Company assailing the order dated 18.06.2005 passed by Chairman, Motor Accidents Claims Tribunal-cum-IV Additional District Judge (III F.T.C.), Khammam (hereinafter referred to as “the Tribunal”) in M.A.T.O.P. No. 601 of 2000, whereby the learned Tribunal awarded a compensation of Rs. 1,90,000/- to

the claimants, as being arbitrary.

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3. The brief facts of the case are that respondent Nos.1 and 2, being the wife and mother of the deceased Macha Bala Krishna, filed the O.P. stating that on 04.04.2000, the deceased, along with others, went for collection of firewood on tractor and trailer bearing Nos. AP-20T-1356 and 1358. While returning at about 7:30 p.m., the deceased, who was seated on a wooden plank behind the driver’s seat, fell down when the tractor, driven by respondent No.3 in a rash and negligent manner, fell into a ditch near New Colony, outskirts of Suraveedu village, resulting in detachment of the trailer. The deceased sustained grievous injuries and he was shifted to Government Hospital, Venkatapuram where he succumbed to the injuries at about 11:30 p.m. On the basis of the report, Crime No.15/2000 under

Section 304-A IPC was registered and investigated.

4. It is the case of the claimants that at the time of accident, the deceased Bala Krishna was aged about 20 years, an agricultural coolie by profession and used to get Rs.60/- to Rs.75/- per day, and due to the sudden death of the deceased, the claimants became destitute and loss of earnings. Pleading as above, the claimants sought for compensation of

Rs.2,00,000/-.

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5. The respondent Nos.2 and 3 herein filed counter stating that they have no liability, however, it is contended the vehicle was insured with the

appellant and the policy is in force at the time of accident.

6. The appellant herein filed counter denying the averments made in the OP, occurrence of accident and claim of compensation made by the claimants. It was contended that respondent No.3 herein, had no valid driving license and the vehicle had no road permit and hence, the Insurance

Company is not liable to pay any compensation.

7. Basing on the above pleadings, the learned Tribunal framed the

following issues:

“(1) Whether Macha Bala Krishna died in a Motor accident occurred on 04.04.2000 due to fault of driving of Tractor & Trailer bearing

No.AP-20T-1356 and 1358 respectively by its driver/R1?

2) Whether the Tractor and Trailor No.AP-20T-1356 and 1358 is owned by R-2 and was insured with R-3 on the date of accident? If so what is the quantum of compensation payable to petitioners by

respondents jointly and severally?

3) To what relief?”

8. Before the learned Tribunal, on behalf of the claimants, P.Ws.1 and

2 were examined and Exs.A-1 to A-5 were marked. On behalf of

appellant, R.Ws.1 and 2 were examined and Ex.B-1 Policy was marked.

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9. The learned Tribunal, upon due appreciation of the oral and documentary evidence on record, held that the deceased was aged about 20 years at the time of the accident and was employed as an agricultural coolie, earning approximately Rs.60/- to 70/- per day, and was the sole breadwinner contributing to the family. The age of the deceased was duly established by Ex.A-3 – Post-Mortem Examination Report. The learned Tribunal further considered the testimony of R.W.2, who deposed that the driver was authorized to drive a non-transport Light Motor Vehicle and that no specific endorsement was made in the licence to drive a tractor and trailer. However, it was also admitted that a vehic