IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE MS JUSTICE B. S. BHANUMATHI MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL No.4661 of 2008 Between: The National Insurance Company Limited, Rep. by its Divisional Manager, Divisional Office, LVRC Club Complex, Koritapadu, Guntur. ...Appellant/Respondent No.2 AND 1. Shaik Fathimun, W/o. Shaik Mahaboob Subhani, aged 45 years, Occ: House Wife, R/o. Epurupalem Village, Chirala Mandal, Prakasam District. 2. Shaik Mahaboob Subhani, S/o. Shaik Abdul Ravoof, aged 50 years, Occ: not known, R/o. Epurupalem Village, Chirala Mandal, Prakasam District. ...Respondents/Complainants 3. Shaik Mabu Subhani, S/o. Khairath, aged major, Occ: Owner of Auto Rikshaw No. AP 27 V 4376, R/o. Kunkalamarru Village, Karamchedu Mandal, Prakasam District. ...Respondent/Respondent No.1 Appeal filed under Section 173 of Motor Vehicles Act, against the judgment and decree dated 24.11.2006 passed in OP.No.1106 of 2004 on the file of the Chairman, MACT-cum-VIII Additional District Judge, Guntur, Guntur District. 4 This appeal coming on for hearing and upon perusing the grounds of Petition, the Order and Decree of the Trial Court and the material papers in the Petition and upon hearing the arguments of Sri V. Hemanth Kumar, Advocate for the Appellants and of Sri A. Rajendra Babu, Advocate for Respondents. This Court doth Order and decree as follows: 1. That the appeal be and is hereby dismissed; 2. That there be no order as to costs in this appeal. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Chairman, MACT-cum-VIII Additional District Judge, Guntur Guntur District. 2. Three CD Copies To TK Cnr HIGH COURT TK DATED:24/04/2025 DECREE MACMA.No.4661 of 2008 18 AUG 2025 <2\ ^>sCufrentSec^ © m Co DISMISSING THE MACMA WITHOUT COSTS -w'~t IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV) THURSDAY. THE TWENTY FOURTH DAY OF APRIL/^ TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE MS JUSTICE B. S. BHANUMATHI MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL No.4661 of 2008 Appeal filed under Section 173 of Motor Vehicles Act, against the judgment and decree dated 24.11.2006 passed in OP.No. 1106 of 2004 the file of the Chairman, MACT-cum-VIII Additional District Judge, Guntur, Guntur District. on Between: The National Insurance Company Limited, Rep. by its Divisional Manager, Divisional Office, LVRC Club Complex, Koritapadu, Guntur. ...Appellant/Respondent No.2 AND 1. Shaik Fathimun, W/o. Shaik Mahaboob Subhani, aged 45 years, Occ: House Wife, R/o. Epurupalem Village, Chirala Mandal, Prakasam District. 2. Shaik Mahaboob Subhani, S/o. Shaik Abdul Ravoof, aged 50 years, Occ: not known, R/o. Epurupalem Village, Chirala Mandal, Prakasam District. ...Respondents/Complainants 3. Shaik Mabu Subhani, S/o. Khairath, aged major, Occ: Owner of Auto Rikshaw No. AP 27 V 4376, R/o. Kunkalamarru Village, Karamchedu Mandal, Prakasam District. ...Respondent/Respondent No.1 I.A. NO: 2 OF 2007(MACMAMP. NO: 2252 OF 2007) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased stay all further proceedings including EP if any, filed in OP.No.1106 of 2004 on the file of the Chairman MACT cum VIII Additional District Judge, Guntur Counsel for the Appellant Counsel for the Respondents: Sri A. Rajendra Babu The Court made the following: : Sri V. Hemanth Kumar APHC010594422008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] ■ V B Thursday, the Twenty Fourth Day of April Two Thousand and Twenty Five Present The Honourable Ms Justice B.S.Bhanumathi Motor Accident Civil Miscellaneous Appeal No: 4661 of 2008 Between: ...Appellant The National Insurance Company Limited, Guntur. and ...Respondents Shaik Fathimun and 2 others Counsel for the appellant: I.V.Hemanth Kumar Counsel for the respondents: 1 .A.Rajendra Babu The Court made the following Judgment: This appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree dated 24.11.2006 in M.V.O.P No. 1106 of 2004 on the file of Chairman, Motor Vehicle Accidents Claims Tribunal - cum - VIII Additional District Judge, Guntur, granting compensation of Rs.2,08,500/- with interest at the rate of 6% p.a, from the date of petition till the date of deposit with proportionate costs payable by the respondents Nos.1 and 2 with 1. along joint and several liability, as against the claim of Rs.2,50,000/-, for the death of Shaik Ravoof (in short ‘the deceased’) in motor vehicle accident. BSB,J M.A.C.M.A.No.4661 of 2008 2. The case of the claimants, in brief, is as follows: On 17.08.2004, at 9.30 B.Venkataraju While so, the co-driver pm, the deceased and the co-driver by name were on duty on auto rickshaw bearing No. AP 27 V 4376 was checking fuel gauge of the auto and lighted a match stick, due to which, the auto got enguifed in the fire resuiting in severai injuries to the deceased. Immediateiy, the deceased . Government Generai Hospitai. He died due was taken to the to injuries on 23.08.2004. Police registered a case in Crime No.119 of 2004 in the Bapatia Town Police Station. The deceased used to earn Rs.2,500/- per month. The claimants who parents, lost future dependency due to the death of their spent Rs. 15,000/- towards medical expenses and the V 4376 was insured with the respondent No.2 are his son. The claimants auto bearing No. AP 27 by its owner i.e, respondent No. 1. Hence both are jointly and severally liable to pay compensation. 3. The respondent No.1 counter denying the averments in the petition and further contended that the alleged accident was caused due to willful negligence of the co-driver. Therefore there i remained ex parte. The respondent No.2 filed mechanical defect and there - is no liability to pay compensation under the Motor Vehicles Act. It is further claimed that co-driver had no effective driving license. It is also pleaded that there is possibility of claim being raised under the Workmen's Compensation Act, 1923, also The quantum of compensation claimed is highly excessive and unreasonable was no 4. The petitioner No.1 i IS examined as PW1 and B.Venkataraju examined as PW2 and Ex.AI (Certified was copy of FIR in Cr.No.119 of 2004 of Bapatia Town Police Station), Ex.A2 (Certified (Attested copy of post mortem copy of Inquest report), Ex.A3 report) and Ex.A4 (Certified copy of driving 1 (Case sheet maintained at Government licence of the accused) and Ex.XI General Hospital, Guntur) were marked on behalf of the petitioners. On behalf of respondent No.2, no witness was examined and a copy of notice addressed to R1 (Ex.BI) and copy of Insurance policy (Ex.B2) were marked. 3 BSBJ M.A.C.M.A.No.4661 of 2008 After hearing both the sides, the Tribunal held that the accident was caused due to the fire which happened due to negligence of the co-driver. The Tribunal had taken income of the deceased as Rs.1,500/- per month i.e., at the rate of Rs.50/- per day. Further deducting 1/3^"^ of such income towards personal expenditure, arrived at the annual contribution of the deceased to the family at Rs.12,000/-. As the deceased was aged 22 years, multiplier 17 was adopted and calculated the total amount of loss of dependency at Rs.2,04,000/-. In addition, the tribunal awarded Rs.2,500/- towards loss of estate, Rs.2,000/- towards funeral expenses and a total amount of Rs.2,08,500/- was assessed as compensation payable . Accordingly, the Tribunal awarded total amount of Rs.2,08,500/- , along with 6 % interest per directing both respondents to pay the same to the claimants jointly with several liability. Aggrieved by the award and decree passed, this appeal is preferred by the respondent No.2 / insurance company, primarily contending that the accident is not covered by the Motor Vehicles Act, 1988, as it is purely an accident due to fire and the motor vehicle is not a cause of the accident and further that the Tribunal granted higher amount of compensation. 5. annum 6. The learned counsel for the appellants is assisted by Sri.A. Manju Natha Raju, learned counsel, who vehemently submitted that the accident in the present case is not covered by the Motor Vehicles Act, 1988, at all, as the accident occurred while checking the engine oil by the co-driver. There is no deliberate willful negligence in causing the accident. On the other hand, the 7. learned counsel for the respondents / claimants contended that the Tribunal rightly appreciated the matter and considered the incident as the accident of motor vehicle. If the accident aroused due to use of motor arising as use vehicle in any manner, the claim is covered by the Motor Vehicles Act, 1988. It not limited to rash and negligent driving alone as is usually argued. In the present case, the auto rickshaw is put to use to carry passengers. The.co- is 4 BSB, J M,A.C.IVI.A.No.4661 of 2008 driver checked the vehicle negligently using match stick which resulted in sudden burst of fire engulfing the auto. Therefore, it is the case which is covered by the Motor Vehicles Act, 1988, and the Tribunal rightly held so. It is also contended that the Tribunal erroneously evaluated the income of the deceased at Rs.2,500/- per month, but the reading of the award shows that the Tribunal assessed income of the deceased as Rs.1,500 and of it towards personal expenditure of the 8. rd subsequently, deducted 1/3 deceased. Therefore, the ground raised by the appellants in this regard is not tenable. Moreover, the amount for notional income taken by the Tribunal is also reasonable. In the result the appeal is dismissed. There shall be no order as to 9. costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Motor Accident Civil Miscellaneous Appeal shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Chairman, MACT-cum-VIII Additional District Judge, Guntur, Guntur District, (with records if any) 2. One CC to Sri V. Hemanth Kumar, Advocate [OPUC] 3. One CC to Sri A. Rajendra Babu, Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi. (to dispatch the trial court records) 5. Three CD Copies TK Cnr HIGH COURT TK DATED:24/04/2025 JUDGMENT + DECREE MACMA.No.4661 of 2008 DISMISSING THE MACMA WITHOUT COSTS