JUDGMENT

This appeal is filed by the appellant-Insurance Company challenging the order and decree dated 01.12.2018 passed in M.V.O.P.No.1171 of 2012 by the Motor Accidents Claims Tribunal-cum-I Additional District Judge, at Khammam (for short, “the Tribunal”), whereby the Tribunal awarded compensation of Rs.13,55,200/- for the death of one Dharavath Babu Rao (hereinafter referred as “the deceased”) in a motor vehicle accident.

The brief facts of the case are that on 17.09.2011, the deceased along with his villager, Bhukya Bheema were proceeding on motorcycle bearing No.AP-20-P-8285 from their village towards Khammam and when they reached near mango garden of Sudhakar near Harya Thanda at about 10.00 hours, at that time the driver of Mahindra Bolero SLX vehicle bearing Temp. registration No.AP-09-UN-TR/7452 (hereinafter referred as “crime vehicle”) proceeding from Manchukonda village towards Pangidi side, drove it in a rash and negligent manner at high speed and dashed against the motorcycle and as a result of which, the deceased received grievous injuries on vital parts of the body and succumbed to injuries on the spot, while Bhukya Bheema sustained fracture injuries all over the body. On receipt of report, Khanapuram Haveli Police Station registered a case in Crime No.238 of 2011 for the offences under Sections 304-A and 337 of IPC against the driver of the crime vehicle. Initially, the claimants filed the aforesaid claim petition before the Tribunal seeking compensation of Rs.5,00,000/- and thereafter, the claim was enhanced to Rs.10,00,000/-. The Tribunal, upon appreciation of oral and documentary evidence, held that the accident occurred due to the rash and negligent driving by the driver of the offending vehicle and awarded a total compensation of Rs.13,55,200/- with interest @ 7.5% per annum from the date of petition till deposit. Challenging the award and decree passed by the Tribunal, the appellant-Insurance Company filed the present appeal.

Considered the submissions of learned counsel for the appellant and the learned Standing Counsel for respondent No.2–Insurance Company and perused the record.

Learned Standing Counsel for the appellant-Insurance Company contended that the Tribunal failed to see that Ex.A.2-charge sheet filed by the claimants clearly shows that the driver was charge sheeted for not holding valid driving license under Section 181 of the M.V.Act and therefore, the insurance company is not liable to pay any compensation for want of valid and requisite driving license to the driver of the vehicle. Thus the learned Standing Counsel prayed this Court to allow the appeal by setting aside the impugned award passed by the Tribunal.

Per contra, learned counsel for the respondent Nos.1 to 4/ claimants contended that the Tribunal has rightly awarded the compensation by taking into consideration the material available on record and the same does not warrant any interference by this Court.

As seen from the record, there is no dispute with regard to the finding of the Tribunal that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. The said finding has attained finality and does not warrant interference.

Coming to the quantum of compensation, the Tribunal upon considering the evidence of P.W.1 and placing reliance on Ex.A.3 – Postmortem Examination Report, held that the deceased was aged about 26 years at the time of the accident. P.W.1 deposed that the deceased was engaged in agricultural work, earning Rs.1,20,000/- per annum, and was contributing the same towards the welfare of the family. However, in the absence of any documentary evidence to substantiate the said income, the Tribunal, taking into account the minimum wages prevailing at the time of the accident, assessed the income of the deceased at Rs.200/- per day, i.e., Rs.6,000/- per month. Further, the Tribunal relying upon the judgment of the Hon’ble Apex Court in Pranay Sethi an