APHC010361822019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1132/2019 Between: 1. V SARANYA, W/O. LATE V. MAHENDRA REDDY, AGED 26 YEARS, OCC- HOUSEWIFE, R/O. D.NO.7-56, VENUGOPALAPURAM VILLAGE, TIMMARAJU KANDRIGA POST, PUTTUR MANDAL, CHITTOOR DISTRICT. 2. V. PREMAVATHI,, D/O. LATE V. MAHENDRA REDDY, AGED 9 YEARS, MINOR, REP. BY HER MOTHER AND NATURAL GUARDIAN, V. SARANYA, W/O. LATE V. MAHENDRA REDDY, THE 1ST APPELLANT HEREIN. R/O. D.NO.7-56, VENUGOPALAPURAM VILLAGE, TIMMARAJU KANDRIGA POST, PUTTUR MANDAL, CHITTOOR DISTRICT. 3. V. SUBRAMANYAM, S/O. LATE V. SADASIVA REDDY, AGED 56 YEARS, OCC- AGRICULTURE, R/O. D.NO.7-56, VENUGOPALAPURAM VILLAGE, TIMMARAJU KANDRIGA POST, PUTTUR MANDAL, CHITTOOR DISTRICT. 4. V. RAMADEVI, , W/O. V. SUBRAMANYAM, AGED 51 YEARS, HOUSEWIFE, R/O. D.NO.7-56, 2 TCDS,J MACMA.No.1132 of 2019 & 481 of 2019 VENUGOPALAPURAM VILLAGE, TIMMARAJU KANDRIGA POST, PUTTUR MANDAL, CHITTOOR DISTRICT ...APPELLANT(S) AND 1. S VIJAYA, W/O. T. NARAYANA, AGED 54 YEARS, R/O. D.NO.21, BAZAR STREET, MUTHAPUDIPET, AVADI, TAMIL NADU STATE, (REAL OWNER OF THE TATA SUMO BEARING REGISTRATION NO.TN-10-H-8532) 2. M VARADHAN, , S/O. MANICKKAM, AGED MAJOR, R/O. NEW NO.329, SUBRAMANIA SIVA ROAD, CHENGALPATTU, KANCHIPURAM, TAMIL NADU STATE, (REGISTERED OWNER OF THE TATA SUMO BEARING REGISTRATION NO.TN-10-H-8532) 3. IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED, REP. BY ITS AUTHORISED SIGNATORY, ISSUING OFFICE AT NEW NO.28, OLD NO.195, NORTH USMAN ROAD, T. NAGAR, CHENNAI, TAMIL NADU STATE. ...RESPONDENT(S): Appeal filed under Order 41 of CPC praying that the High Court may be pleased to Memorandum of Civil Miscellaneous Appeal before this Hon'ble Court aggrieved the Judgment and Decree dated 16-08-2018 passed in MVOP.No.48 of 2013 before the Chairman, Motor Accidents Claims Tribunal - cum - X Addl. District Judge, Tirupathi IA NO: 1 OF 2019 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 to condone the delay of 331 days in filing the present appeal before this Hon'ble Court 3 TCDS,J MACMA.No.1132 of 2019 & 481 of 2019 aggrieved by the Judgment and Decree dated 16-08-2018 passed in MVOP.No.48 of 2013 before the Chairman, Motor Accidents Claims Tribunal cum - X Addl. District Judge, Tirupathi, and pass Counsel for the Appellant(S): 1. O UDAYA KUMAR Counsel for the Respondent(S): 1. 2. SRINIVASA RAO KAMARAJUGADDA MACMA.NO.481 of 2019: Between: 1. IFFCO-TOKIO GENERAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS AUTHORIZED SIGNATORY, ISSUING OFFICE AT NEW NO.28, OLD NO.195, NORTH USMAN ROAD, T. NAGAR, CHENNAI, TAMIL NADU. ...APPELLANT AND 1. V SARANYA, W/O. LATE V. MAHENDRA REDDY, AGED ABOUT 20 YEARS, HOUSEWIFE. RESIDING AT DOOR.NO.7-56, VENUGOPALAPURAM VILLAGE, TIMRNARAJU KANDRIGA POST, PUTTUR MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH. 2. V PREINAVATHI, D/O. OF LATE V. MAHENDRA REDDY, AGED ABOUT 2 YEARS, THE SECOND PETITIONER IS MINOR, REPRESENTED BY HER NEXT FRIEND, MOTHER AND NATURAL GUARDIAN, V. SARANYA, THE FIRST PETITIONER. RESIDING AT DOOR.NO.7-56, VENUGOPALAPURAM VILLAGE, TIMRNARAJU 4 TCDS,J MACMA.No.1132 of 2019 & 481 of 2019 KANDRIGA POST, PUTTUR MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH. 3. V SUBRAMANYAM, S/O. OF LATE V. SADASIVA REDDY, AGED ABOUT 50 YEARS, AGRICULTURE, ARE RESIDING AT DOOR.NO.7-56, VENUGOPALAPURAM VILLAGE, TIMRNARAJU KANDRIGA POST, PUTTUR MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH. 4. V RAMADEVI, W/O. OF V. SUBRARNANYAM, AGED ABOUT 45 YEARS, HOUSEWIFE ALL ARE HINDUS, ALL ARE RESIDING AT DOOR.NO.7-56, VENUGOPALAPURAM VILLAGE, TIMRNARAJU KANDRIGA POST, PUTTUR MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH. 5. SRNT S VIJAYA, W/O. OF T. NARAYANA, AGED ABOUT 48 YEARS, RESIDENT OF DOOR. NO.21, BAZAAR STREET, MUTHAPUDI PET, AVADI, TAMIL NADU, (REAL OWNER OF THE TATA SUMO BEARING REGISTRATION TN-10-H-8532) 6. M VARADHAN, SON OF MANICKKAM, AGE NOT KNOWN TO THE PETITIONER BUT HE IS MAJOR, RESIDENT OF NEW NO.329, SUBRAMANIA SIVA ROAD, CHENGALPATTU, KANCHIPURAM, TAMIL NADU (REGISTERED OWNER OF THE TATA SUMO BEARING REGISTRATION NO.TN-10-H-8532) ...RESPONDENT(S): Appeal filed under Order 41 of CPC praying that the High Court may be pleased to begs to present this Memorandum Of Civil Miscellaneous Appeal before the Hon'ble High Court Of Judicature Of Andhra Pradesh Against the Orders dated 16.08.2018 made in M.V.O.P.No. 48 Of 2013 On the File Of the Hon'ble Chairman, Motor Accidents Claims Tribunals_Cum_X th Additional District Judge at Tirupathi. 5 TCDS,J MACMA.No.1132 of 2019 & 481 of 2019 IA NO: 1 OF 2019 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 To condone the delay of 67 days in filing of the appeal against the Decree and Judgment dated 16.08.2018 passed in MVOP .48/2013 on the file of the Motor Accidents Claims Tribunal-Cum-X Additional District Judge, Tirupathi and pass IA NO: 2 OF 2019 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 to stay of all the further proceedings in Decree and Order dated 16.08.2018 passed in MVOP .48/2013 on the file of the Motor Accidents Claims Tribunal-Cum-X Additional District Judge, Tirupathi and pass Counsel for the Appellant: 1. SRINIVASA RAO KAMARAJUGADDA Counsel for the Respondent(S): 1. O UDAYA KUMAR The Court made the following: 6 TCDS,J MACMA.No.1132 of 2019 & 481 of 2019 HON’BLE SRI JUSTICE T.C.D. SEKHAR MACMA Nos.1132 OF 2019 & 481 of 2019 COMMON JUDGMENT :- MACMA.No.1132 of 2019 and MACMA No.481 of 2019, as both these appeals arising out of order dated 16.08.2018 in M.V.O.P.No.48 of 2013 on the file of the Chairman, Motor Accidents Claims Tribunal-Cum-X Additional District Judge, Tirupathi, filed by the claimants and the Insurance company respectively, they are being disposed by this common Order. 2. MACMA No.1132 of 2019 was filed by the claimants for enhancement of compensation and MACMA No.481 of 2019 was filed by the Insurance Company questioning the compensation awarded by the Tribunal. The parties have referred to as they were referred before the Tribunal. The petitioners filed claim petition under section 166(1)(c) of Motor Vehicles Act r/w rules 455 and 475 claiming compensation of Rs.8,00,000/- on account of death of the 1st petitioner’s husband and father of the petitioner No.2 and son of the 3 & 4 petitoners, in the accident that was occurred on 7 TCDS,J MACMA.No.1132 of 2019 & 481 of 2019 05.12.2010, in which, TATA Sumo bearing Registration No.TN- 10-H-8532 was involved. 3. It is the case of the petitioners that on 05.12.2010, the deceased was going from Gollakandriga to Venugopalapuram on Motor Cycle bearing Registration No.TN- 20-BC-0238 as pillion rider, the driver of the offending TATA Sumo came in opposite direction at high speed driven in rash and negligent manner without taking due care and caution and dashed the Motor Cycle. As a result of which, the deceased V.Mahendra Reddy who is the rider of the Motor Cycle fell down and sustained fatal injuries along with other pillion riders. All the three persons died on the spot. A case was registered against the respondent Nos.1 & 2 and the same was later investigated into and Charge Sheet was filed in C.C.No.31 of 2011 on the file of the Additional District Munsif Magistrate, Puttur. It is further case of the petitioners that the deceased was aged about 22 years as on the date of the accident and he was working in Mill, earning Rs.300/- per day, the entire income of the deceased was being contributed to the family and in view of the sudden death, the petitioners lost their 8 TCDS,J MACMA.No.1132 of 2019 & 481 of 2019 livelihood. Therefore, they approached the Tribunal by filing the present claim petition seeking to pay compensation on account of the death of the deceased, as against the respondents were responsible for the accident. 4. The respondent Nos. 1 & 2 remained exparte. The 3rd respondent/appellant filed counter-affidavit stating that there was contributory negligence on the part of the rider of the Motor Cycle in as much as he was driving the motorcycle in a rash and negligent manner. It was further contended that the driver of offending TATA Sumo had no valid driving license as on the date of accident. Therefore, the respondent Nos. 1 & 2 alone are liable to pay compensation and the 3rd respondent/appellant Insurance Company is not liable to pay compensation as alleged, in view of the fact that the respondent Nos. 1 & 2 have violated the terms of the Insurance policy. It was further contended that the petitioners have not filed any documentary proof in relation to the age and occupation of the deceased. The 3rd respondent further contends that the petition is bad for non-joinder of necessary party in as much as the insurer of the Motor Cycle was not 9 TCDS,J MACMA.No.1132 of 2019 & 481 of 2019 arrayed as party as respondent. With the above pleadings, the 3rd respondent prayed to dismiss the claim petition as against him. 5. In order to prove the case of the petitioners, the 4th petitioner got examined as PW-1 and they have also examined PW.2 & PW.3 and marked Exs.A1 to A6. On the other hand, the 3rd respondent/appellant marked copy of the insurance policy as Ex.B1 and authorization letter as Ex.X1. 6. Considering the oral and documentary evidence put forth before the Tribunal, by the impugned order, which awarded compensation of Rs.7,20,000/- under various conventional heads. Aggrieved by the same, the 3rd respondent/appellant Insurance Company filed MACMA No.481 of 2019 and the petitioners/claimants filed appeal in MACMA No.1132 of 2019 for enhancement of compensation. Heard the learned counsel for the insurance company and counsel for the claimants. Perused the record. 7. It is the case of the Insurance Company that the accident was occurred due to the rash and negligent driving of the rider of the Motor Cycle. In order to prove the same, the 10 TCDS,J MACMA.No.1132 of 2019 & 481 of 2019 Insurance Company has not examined any witness or filed any documentary evidence in support of their contention. On the other hand, the petitioners have examined one Sri.B.Ravi, who was the eye witness to the accident as PW2. On perusal of the evidence of PW2, he categorically deposed that the accident was occurred due to the rash and negligent driving of the offending TATA Sumo driver. It is pertinent to note that during the cross examination of PW2, the Insurance Company did not put any suggestion in relation to contributory negligence as against the rider of the Motor Cycle. Therefore, it is succinctly clear that except making a bald and vague allegation of contributory negligence against the rider of the Motor Cycle, nothing is placed on record to prove the same. Therefore, it can be held that the accident was occurred in view of the rash and negligent driving of the driver of the TATA Sumo offending vehicle. 8. It was further contended by the counsel for the appellant that the claim petition was liable to be dismissed on the ground of non-joinder of necessary party in as much as the Insurer of the Motor Cycle was not arrayed as party as 11 TCDS,J MACMA.No.1132 of 2019 & 481 of 2019 respondent. In this context, unless it is proved that, there is negligence on the part of the rider of the Motor Cycle, the question of making the Insurance Company as party as respondent does not arise. In the case on hand, as already observed that the 3rd respondent failed to prove the negligence of the rider of the motor cycle. Therefore, the said contention for the Insurance Company cannot be countenanced and accordingly the same is rejected. 9. Coming to the quantum of compensation awarded by the Tribunal is concerned, it is strenuously contended by the counsel for the appellant that the driver of the TATA sumo offending vehicle had no valid driving license at the time of the accident. In this context, the insurance has examined RTO as RW-2. A perusal of the evidence of RW-2, it is clear that except denying that the driver of the offending vehicle had driving license, nothing is placed on record. Apart from the same, in the cross examination he has categorically admitted that the driver of the offending vehicle could have obtain driving license from any other RTA office. In such circumstances, it can be held that the Insurance Company 12 TCDS,J MACMA.No.1132 of 2019 & 481 of 2019 miserably failed to prove that the driver of the offending vehicle had no valid driving license. Having considered the oral evidence adduced by the PW.1, the wife of the deceased, the Tribunal had fixed the income of the deceased as Rs.4,000/- per month as he was earning the same as a coolie, awarded an amount of Rs.7,20,000/- as compensation under various conventional heads. On perusal of computation of compensation, it is clear that the Tribunal had not awarded just compensation, in so far as, loss of consortium is concerned. Apart from the same, the Tribunal also did not award any compensation under the head of future prospects. Further the Tribunal has awarded only Rs.10,000/- per month towards funeral expenses which is not in consonance with the Judgment rendered by the Hon’ble Apex Court in the case of “National Insurance Company v. Pranay Sethi and others”1. Having considered the submissions made by the counsel for the claimants, this Court is fully in agreement with the arguments advanced by the counsel for the claimants. Accordingly, the compensation is computed as under: 1 (2017) 16 SCC 680 13 TCDS,J MACMA.No.1132 of 2019 & 481 of 2019 Sl.No Heads Compensation Awarded 1. Net Annual Income 4000*12= 48,000/- 2. Future Prospects Rs.19,200/- (i.e., 40% of the income) 3. Total Income Rs.67,200/- 4. Deductions towards Personal Expenses 16,800-(1/4th of the 67,200) 5. Total Loss of Dependency Rs.50,400/- 6. Multiplier of 13 Rs.9,07,200/- (50,400*18) 7. Conventional heads Loss of Consortium Rs.1,60,000/- (4*40,000/-) 8. Loss of estate Rs.15,000/- 9. Funeral Expenses Rs.15,000/- Total Rs.10,97,200/- 10. For the reasons, recorded Supra, the appeal filed by the Insurance Company in MACMA No.481 of 2019 is 14 TCDS,J MACMA.No.1132 of 2019 & 481 of 2019 hereby dismissed and appeal filed by the claimants in MACMA No.1132 of 2019 is allowed and the compensation is enhanced from Rs.7,20,000/- to Rs.10,97,200/- together with the interest @ 9% per annum from the date of the petition till the date of realization. Further, the Insurance Company is directed to deposit the amount awarded by this court within a period of two (02) months from the date of receipt of copy of the order. As a sequel, interlocutory applications pending, if any shall stand closed. ________________ T.C.D.SEKHAR, J 12.03.2026 CMK/SSA 15 TCDS,J MACMA.No.1132 of 2019 & 481 of 2019 135 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR MACMA NO.1132 of 2019 & 481 of 2019 12.03.2026 CMK/SSA 16 TCDS,J MACMA.No.1132 of 2019 & 481 of 2019