Gairaboyini Gangavati Golla ... vs L Venkatesh Goud, Kurnool Dist Anr
2023 Latest Caselaw 2437 AP

     THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO

                    M.A.C.M.A.No.1568 of 2015


JUDGEMENT:

The appellants are the Claimants in M.V.O.P.No.489 of 2013

on the file of the Motor Accident Claims Tribunal -cum- IV Additional

District Judge, Kurnool and the respondents are the respondents in

the said case.

2. Both the parties in the appeal will be referred to as they are

arrayed in claim application.

3. The claimants filed a Claim Petition under section 166 (1)(c)

of Motor Vehicles Act, 1988 against the respondents praying the

Tribunal to award an amount of Rs.10,00,000/- towards

compensation on account of death of deceased Golla Thippanna in

a Motor Vehicle Accident occurred on 16.05.2013.

4. The brief averments of the petition are as follows:

On 16.05.2013 at about 9.45 p.m. when the deceased Golla

Thippanna along with his son was proceeding on a motor cycle from

Veldurthy to Dhone and when reached near Madhapuram bridge on VGKRJ MACMA 1568 of 2015 Page 2 of 7 Dt:25.04.2023

NH-44, one auto bearing No.AP 21 TU 8254, which was proceeding

ahead of the motor cycle being driven by its driver in a rash and

negligent manner had applied brakes suddenly and stopped the

vehicle on the middle of the road without any signal of stopping of

the vehicle and so the motor cycle of the deceased was dashed the

said auto from behind, resulting which the deceased fell down and

died on the spot and the petitioners claimed an amount of

Rs.10,00,000/- towards compensation.

5. The first respondent remained exparte. The second

respondent filed counter denying the claim application and

contended that the claimants are not entitled any compensation and

the second respondent is not liable to pay any compensation to the

petitioners.

6. Based on the above pleadings, the Tribunal framed the

following issues:

i. Whether the accident occurred due to rash and negligent driving of the driver of auto bearing No.AP 21 TU 8254?

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 ii.    Whether    the     claimants    are     entitled   to   the

compensation of Rs.10,00,000/- or to what just

amount and from whom the same shall be

recovered?

iii. To what relief?

7. On behalf of the petitioners, PW1 and PW2 were examined

and Ex.A1 to Ex.A5 were marked. On behalf of respondents none

were examined, however Ex.B1 was marked.

8. After considering the evidence on record, the Tribunal has

given a finding that the accident was occurred due to stopping the

offending vehicle in the middle of the road in a negligent manner

and the Tribunal granted an amount of Rs.2,49,000/- to the

claimants towards compensation.

9. Aggrieved by the same, the claimants filed the present appeal

by claiming the remaining balance of compensation amount.

10. Now, the points for consideration are:

1. Whether the Order of Tribunal needs any interference?

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2. Whether the claimants/ appellants are entitled enhancement of compensation as prayed for?

11. POINT Nos.1 and 2:-

The case of the claimants is that on 16.05.2013 at about 9.45

p.m. when the deceased Golla Thippanna along with his son was

proceeding on a motor cycle from Veldurthy to Dhone and when

reached near Madhapuram bridge on NH-44, one auto bearing

No.AP 21 TU 8254, which was proceeding ahead of the motor cycle

being driven by its driver in a rash and negligent manner had

applied brakes suddenly and stopped the vehicle on the middle of

the road without any signal of stopping of the vehicle and so the

motor cycle of the deceased dashed the said auto from behind,

resulting which the deceased fell down and died on the spot.

12. The petitioner 1, 3 and 4 are daughters, petitioner No.2 is the

son of the deceased. All the petitioners are not class I legal heirs.

The learned Tribunal arrived at Rs.3,000/- towards monthly income

of the deceased. There is no need to interfere with the said finding.

But the learned Tribunal deducted the half of the income towards

personal and living expenses of the deceased. Here the deceased VGKRJ MACMA 1568 of 2015 Page 5 of 7 Dt:25.04.2023

was married and wife is no more and all the petitioners are the

children of the deceased. Therefore, 1/4th income has to be

deducted from out of the total income of the deceased. Accordingly

it comes to Rs.3,51,000/- (Rs.27,000/- x 13 = Rs.3,51,000/-). The

learned Tribunal granted an amount of Rs.10,000/- towards loss of

love and affection. The same is enhanced from Rs.10,000/- to

Rs.25,000/-. The learned Tribunal also granted an amount of

Rs.5,000/- towards funeral expenses. Accordingly, the claimants

are entitled an amount of Rs.3,81,000/- towards compensation.

13. In the result, the appeal is partly allowed by modifying the

order dated 26.02.2015 passed in MVOP No.489/2013 on the file of

the Motor Accident Claims Tribunal-cum-IV Additional District Judge,

Kurnool and the claim amount is enhanced from Rs.2,49,000/- to

Rs.3,81,000/-. The petitioners are entitled the enhanced

compensation of Rs.1,32,000/- with interest @9% p.a. from the date

of petition, till the date of payment. The respondents 1 and 2 are

directed to deposit the enhanced compensation of Rs.1,32,000/-

within one month from the date of this judgment. On such deposit, VGKRJ MACMA 1568 of 2015 Page 6 of 7 Dt:25.04.2023

the appellants are entitled to withdraw the same along with accrued

interest thereon. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this appeal shall

stand closed.

________________________________ V.GOPALA KRISHNA RAO, J Dated: 25.04.2023.

sj
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HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO

M.A.C.M.A.No.1568 of 2015

25.04.2023

sj