Telangana High Court
Sri. N. Laxmaiah vs Elangovan.K on 28 February, 2024
THE HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU
M.A.C.M.A.No.556 OF 2020
JUDGMENT:
Being aggrieved by the order dated 18.03.2020 in M.V.O.P.No.571 of 2013 on the file of Chairman, Motor Accident Claims Tribunal-cum-VII Additional District Judge, Ranga Reddy District whereunder their petition for compensation for the death of N.Yedamaiah in a road traffic accident was dismissed by the Tribunal, the petitioners in the above referred MVOP have filed this appeal under Section 173 of M.V.Act and sought for setting aside the impugned Judgment, and prayed for grant of compensation.
2. As could be seen from the averments made in the original petition filed before the Tribunal, it was the case of the appellants herein that the said Yedamaiah (hereinafter be referred as deceased), who hails from Mahabubnagar District had been to Tamilnadu for attending labour work. 2
SSRN, J MACMA No.556 of 2020 On 15.02.2013 while he was crossing R.G. Road, East to West at Dhauryapakam, opposite to Raj Furniture shop at Chennai, driver of a Tempo traveler bearing No.TN-20-BD- 9506 drove his vehicle in high speed, in a rash and negligent manner, dashed him due to which he fell down and sustained grievous injuries.
3. He was immediately shifted to Government Hospital, Chennai. After obtaining treatment he was shifted to his native place Madaram, Mahaboobnagar District. He has attended private hospitals, however, in view of infection developed in entire body he succumbed to injuries on 13.03.2013.
4. The appellants herein have claimed that the deceased was working as labour and earning Rs.300/- per day and also Rs.50/- as batta and contributing his earnings for the welfare of the family. The appellants have claimed that the 1st appellant herein is the younger brother of the deceased, whereas the other appellants are the children of appellant No.1. They have also claimed that the deceased was 3 SSRN, J MACMA No.556 of 2020 contributing his income for the maintenance of the family consisting appellants herein, thereby they sought for compensation. The said petition was filed against the owner of the above said vehicle and also insurer from which a policy was obtained against the vehicle.
5. The 1st respondent remained exparte. Whereas the insurance company opposed the claim and sought for dismissal of the petition. The Tribunal having appreciated the pleadings and evidence, dismissed the petition on the ground that the appellants herein were not able to prove that they are dependants of the deceased and there is no evidence to believe that the death of the deceased was due to the above referred accident.
6. As could be seen from the record, the 3rd appellant herein was examined as PW1 and one Kavali Chennaiah was examined as PW2. The 2nd respondent/insurance company has examined V.Venkataramana as RW1. Exs.A1 to A7 were marked on behalf of the appellants. Whereas, the insurance company filed a copy of policy and marked it 4 SSRN, J MACMA No.556 of 2020 as Ex.B1. The record through Exs.A1 to A5 indicates that soon after the above referred accident, the police concerned have registered a case in Crime No.138/S1/2013 for the offence under Section 279 and 337 of Indian Penal Code. The appellants herein could not Place any material before the Court that some infection was developed due to the injuries caused in the above accident and that he died due to the said infection. There is no medical record in support of the contentions of the appellants or to believe that the death was due to infection due to injuries caused in the above said road accident. In addition to this there is no material before the Court to accept that the appellants herein are dependents of the deceased.
7. As rightly observed by the Tribunal, the appellants did not place any record and it is an admitted fact that the deceased was an unmarried and the appellants in spite of claiming relationship could not file any acceptable evidence in support of their claim. Therefore, the appellants were not able to establish that the deceased died due to the 5 SSRN, J MACMA No.556 of 2020 injuries caused in road accident and that he was contributing his earnings to the appellants/family. Therefore, the Court below rightly dismissed the petition filed by them. Absolutely, there are no merits in the appeal, as such liable to be dismissed.
8. In the result, the appeal is dismissed. No costs.
As a sequel, pending Miscellaneous Applications, if any, shall stand closed.
___________________________________ JUSTICE SAMBASIVARAO NAIDU Date: 28.02.2024 PSSK