1 RRN,J
MACMA No.266 of 2016
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
M.A.C.M.A.No.266 of 2016
JUDGMENT:
This appeal is filed by the appellant/Insurance Company under Section 173 of the Motor Vehicles Act, aggrieved by the judgment and decree dated 13.11.2015 passed in M.V.O.P. No.813 of 2010 by the Chairman, Motor Accidents Claims Tribunal-cum-Additional District Judge, Nizamabad (for short "the Tribunal").
2. For the sake of convenience, the parties will be hereinafter referred to as they are arrayed before the Tribunal.
3. Brief facts of the case are that the petitioners filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.8,00,000/- on the death of Gulam Kamaluddin (hereinafter referred to as the deceased), who is the husband of the 1st petitioner and father of the 2nd petitioner. It is stated that on 19.05.2008, the deceased boarded the Auto bearing No.AP25-V-1731 at 2 RRN,J M.A.C.M.A.No.266 of 2016 Khudvanpur to go to Nandipet and at about 9.30 a.m. when the Auto reached near Yellammagudi road at Khudvanpur Shivar, the driver of the Auto drove it in a rash and negligent manner and at the same time, respondent No.2 rider of the Yamaha Motor Cycle No.AP25-J-4408 also drove the motorcycle in a rash and negligent manner in a high speed and both vehicles dashed each other, due to which, the deceased suffered grievous injuries to his stomach. Immediately, he was shifted to Government Hospital, Nizamabad and later shifted to Amrutha Laxmi Hospital, Nizamabad, for better treatment, but he succumbed to injuries on 21.05.2008. Hence, the claim petition.
4. Respondent Nos.1, 4 and 5 filed their respective counters denying the allegations made in the petition.
5. To prove their case, the petitioners examined PWs.1 and 2 and got marked Exs.A1 to A7. On behalf of the respondents, RWs.1 and 2 were examined and got marked Exs.B1 and B2.
3 RRN,J M.A.C.M.A.No.266 of 2016
6. On appreciation of the evidence on record, the Tribunal allowed the O.P. in part by awarding compensation of Rs.5,63,000/- to the petitioners. Challenging the same, the present appeal is filed by the 5th respondent/Insurance Company.
7. Heard both sides and perused the record.
8. Learned counsel appearing for the appellant/Insurance Company inter alia contended that the Tribunal erred in giving a finding that the accident occurred due to rash and negligent driving of Auto bearing No.AP25-V- 1731 and ought to have considered contributory negligence on the part of both vehicles. The Tribunal further erred in fixing the age of the deceased and also in not considering the evidences of RWs.1 and 2 and Exs.B1 and B2. Accordingly, prayed to allow the appeal.
9. Learned Counsel appearing for the respondents/petitioners contended that the Tribunal was justified in passing the impugned order, which calls for no 4 RRN,J M.A.C.M.A.No.266 of 2016 interference by this Court. Accordingly, prayed to dismiss the appeal.
10. This Court having considered the submissions of both parties is of the considered view that the Tribunal was justified in passing the impugned order as the evidence adduced by respondent No.5 by examining RWs 1 and 2, is of no avail as they are not eyewitnesses to the accident, as such, there is no reason to disbelieve the version of the police vide Ex.A3/charge-sheet, which shows that both i.e. driver of the Auto and rider of the motorcycle were negligent in causing the accident, and leading to the death of the deceased. The Tribunal cautiously weighed the evidence on both sides and awarded compensation to the petitioners/claimants under various heads, to the tune of Rs.5,63,000/- which is reasonable. In these circumstances, this Court is not inclined to interfere with the order passed by the Tribunal and the appeal is liable to be dismissed.
11. Accordingly, the M.A.C.M.A. is dismissed by confirming the decree and judgment dated 13.11.2015, 5 RRN,J M.A.C.M.A.No.266 of 2016 passed in M.V. O.P. No.813 of 2010 by the Tribunal. There shall be no order as to costs.
Miscellaneous petitions, if any pending, shall stand closed.
_____________________________________ NAMAVARAPU RAJESHWAR RAO, J 3rd day of April, 2023 PNS/BDR