The vs Unknown
2023 Latest Caselaw 2846 AP

 THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO

      M.A.C.M.A.Nos.5075 of 2008 and 1554 of 2013


COMMON JUDGEMENT:


      The appellant in MACMA Nos.5075 of 2008 and 1554

of 2013 is the second respondent in MVOP Nos.75 and 76 of

2005 respectively on the file of the Motor Accident Claims

Tribunal-cum- II Additional District Court, Kurnool at Adoni

and the respondents are the petitioners and other

respondents in the said cases.

2. Both the appeals are filed against one common order

passed in MVOP Nos.75 and 76 of 2005 on the file of the

Motor Accident Claims Tribunal-cum- II Additional District

Court, Kurnool at Adoni, both the appeals were heard

together and they are being disposed of by this common

judgment.

3. Both the parties in the appeals will be referred to as

they are arrayed in claim applications.

4. The claimants filed claim petitions under Sections 140

and 166 of the Motor Vehicles Act, 1988 against the

VGKR, J MACMA Nos.5075 of 2008 & 1554 of 2013

respondents praying the Tribunal to award an amount of

Rs.3,00,000/- and Rs.3,00,000/- respectively towards

compensation for the death of their sons in a motor vehicle

accident that occurred on 09.06.2004.

5. The brief averments of the claim petitions are as

follows:

On 09.06.2004 both the deceased Kuruva

Parthasarathi and B.J.Krishnaiah along with others boarded

a Commander Jeep No.AP 02U 4267 at Ananthapur and the

jeep was proceeding towards Gooty side on National High

Way No.7 and at about 2.00 a.m. when the jeep reached

near Yeguvapalli bus stop, the driver of jeep drove the same

in a rash and negligent manner at high speed and dashed

against the lorry bearing No.KA 01 9960 which was coming

in opposite direction, resulting which both the deceased died

on the spot and the petitioners claimed an amount of

Rs.3,00,000/- and Rs.3,00,000/- respectively, in both the

petitions towards compensation.

VGKR, J MACMA Nos.5075 of 2008 & 1554 of 2013

6. The respondents 1 and 3 remained exparte. The

respondents 2 and 4 filed counters denying the claim

applications and contended that the claimants are not

entitled any compensation and the respondents 2 and 4 are

not liable to pay any compensation to the petitioners.

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

following issues for trial:

1. Whether the accident occurred due to rash and negligent driving of the Commander Jeep bearing No.AP 02U 4267 and lorry bearing No.KA 01 9960, resulting in death of Kuruva Parthasaradhi and B.J.Krishnaiah @ Ramakrishna respectively?

2. Whether the petitioners are entitled for compensation, and if so, to what amount and from which of the respondents?

3. To what relief?

8. During the course of enquiry in the claim petitions, on

behalf of the petitioners, P.Ws.1 to 3 were examined and

Exs.A.1 to A.8 were marked. On behalf of respondents, no

oral evidence was adduced, however, Ex.B1 was marked.

VGKR, J MACMA Nos.5075 of 2008 & 1554 of 2013

9. At the culmination of the enquiry, after considering the

evidence on record and on appreciation of the same, the

Tribunal allowed the petitions in part against the respondents

1 and 2 and awarded a sum of Rs.1,40,000/- in MVOP No.75

of 2005 and Rs.90,000/- in MVOP.No.76 of 2005 towards

compensation to the claim petitioners. Being aggrieved by

the impugned award, the 2nd respondent/Insurance company

filed these appeals.

10. Heard learned counsels for both the parties.

11. Now, the point for determination is:

Whether the order passed by the Tribunal needs any interference?

12. POINT :

MVOP.No.75 of 2005:

The parents of the deceased Kuruva Parthasaradhi

filed this claim petition. The father of the deceased

Parthasaradhi is examined as PW1. Infact the deceased

was aged about 19 years, the deceased was unmarried.

The trial Court has taken the multiplier as '13' and annual

VGKR, J MACMA Nos.5075 of 2008 & 1554 of 2013

income of the deceased was notionally fixed at Rs.15,000/-

and Rs.5,000/- was deducted towards his personal

expenditure and the contribution of the deceased towards his

family is Rs.10,000/-, accordingly, the petitioners are entitled

an amount of Rs.1,30,000/- towards loss of dependency and

by giving cogent reasons, the Tribunal awarded an amount

of Rs.10,000/- towards loss of love and affection.

Accordingly, the petitioners are entitled an amount of

Rs.1,40,000/- towards total compensation and no appeal is

filed by the claimants against the said finding. The learned

Tribunal rightly came to the said conclusion. Therefore,

there is no need to interfere with the finding given by the

Tribunal.

MVOP.No.76 of 2005:

The parents of the deceased B.J.Krishnaiah filed this

claim petition. The father of the deceased B.J.Krishnaiah is

examined as PW2. By considering the age of PW2, the

learned Tribunal applied multiplier '8' and annual income of

the deceased was fixed as Rs.15,000/- and Rs.5,000/- was

deducted towards his personal expenditure and the

VGKR, J MACMA Nos.5075 of 2008 & 1554 of 2013

contribution of the deceased towards his family is

Rs.10,000/-, accordingly, the petitioners are entitled an

amount of Rs.80,000/- towards loss of dependency and by

giving cogent reasons, the Tribunal awarded an amount of

Rs.10,000/- (Rs.5,000/- to each petitioner) towards loss of

love and affection. Accordingly, the petitioners are entitled

an amount of Rs.90,000/- towards total compensation and no

appeal is filed by the claimants against the said finding. The

learned Tribunal rightly came to the said conclusion.

Therefore, there is no need to interfere with the finding given

by the Tribunal.

13. Accordingly, both the appeals are dismissed. No costs.

As a sequel, miscellaneous petitions, if any, pending in the appeals shall stand closed.

_______________________________ JUSTICE V.GOPALA KRISHNA RAO Date:04.05.2023 sj

VGKR, J MACMA Nos.5075 of 2008 & 1554 of 2013

THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO

M.A.C.M.A.Nos.5075 of 2008 and 1554 of 2013

4th May, 2023 sj