Universal Sompo Gen.Insurance Co.Ltd vs Peeke Narasiah
2025 Latest Caselaw 6838 Tel

Telangana High Court

Universal Sompo Gen.Insurance Co.Ltd vs Peeke Narasiah on 2 December, 2025

     IN THE HIGH COURT FOR THE STATE OF TELANGANA
                     AT HYDERABAD

        THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

                     M.A.C.M.A.No.211 of 2019


                         DATE: 02.12.2025

Between:

M/s Universal Sompo Gen. Insurance Co. Ltd,
Unit No.401, 4thFloor, Sangam Complex,
127 Andheri Kurla Road, Andheri (East) Mumbai - 400 059
Rep by its Legal Manager Mr. Piyush Shankar

                                                         .....Appellant
                                AND

Peeke Narasaiah and three others
                                                       ....Respondents


JUDGMENT:

The appellant-insurance company has filed this appeal, under

Section 173 of the Motor Vehicles Act, 1988, challenging the order

and decree dated 21.09.2017 passed by the Chairman, Motor

Accidents Claims Tribunal-cum-Judge, Family Court-cum-VI

Additional District Judge at Khammam in M.V.O.P. No.542 of 2014,

whereby the Tribunal awarded compensation of Rs.12,00,000/- with

interest @ 7.5% per annum from the date of filing of the petition till

realization, in favour of the claimants i.e., respondent Nos.1 to 3

herein on account of death of the deceased.

2. The brief facts of the case are that on 10.08.2013, the deceased

Peeke Gopala Rao @ Gopi along with his cousin P.Srinivasa Rao were

travelling on a Motorcycle bearing Registration No.AP-20/AQ-2501

and when they reached Valya Thanda, at about 8.30 PM, the driver of

a Bolero Van bearing No.AP-20/TB-9655, drove the vehicle in a rash

and negligent manner at high speed, without taking minimum care

and caution and dashed against the motorcycle, due to which, the

rider and pillion rider of the Motorcycle fell down on the road and

sustained critical injuries all over the head and body and died on the

spot. The dead body of the deceased was shifted to Government

Hospital and the Medical Officer conducted autopsy and opined that

the death was occurred due to the injuries sustained in the accident.

Basing on the report, Police of Khammam Rural Police Station

registered a case in Crime No.389 of 2013 under Sections 304-A and

337 IPC against the driver of the crime vehicle. Stating that the

deceased was earning about Rs.15,000/- per month as a

Photographer/Videographer, the claimants i.e., the parents and

brother of the deceased filed the aforesaid claim petition under

Section 166 of the Motor Vehicles Act, 1988 before the Tribunal

seeking compensation of Rs.12,00,000/- for the death of the

deceased.

3. Before the Tribunal, respondent No.1 i.e., owner of the crime

vehicle remained ex parte. Respondent No.2-insurance company i.e.,

the appellant herein filed counter denying the averments of the claim

petition and contended that the amount claimed is excessive and

prayed to dismiss the claim petition.

4. The Tribunal, after hearing the parties and perusing oral and

documentary evidence, accepted the claim that the driver of the

Bolero Van was responsible for rash and negligent driving, rejected

the insurer's plea of contributory negligenceand awarded

compensation of Rs.12,00,000/- in favour of the claimants-

respondent Nos.1 to 3 herein. Challenging the same, the appellant-

insurance company filed the present appeal.

5. Considered the submissions of learned counsel for the parties

and perused the record.

6. So far as negligence and liability are concerned, it is evident

that the claimants relied on FIR, charge-sheet, post-mortem/inquest

report, and eyewitness testimony, which together created a credible

chain of evidence pointing to rash and negligent driving of the crime

vehicle,causing the accident and death. Even though the

appellant/insurer raised a plea of contributory negligence on the part

of the motorcycle rider, it did not place any oral or documentary

evidence to support its plea. In absence of any such contradicting

material, this Court is of the opinion that the Tribunal was justified

in attributing full liability on the insurer.

7. So far as the assessment of quantum of compensation is

concerned, the record discloses that since the claimants had

produced the identity card issued by the relevant Association

establishing that the deceased was working as

Photographer/Videographerand in absence of any contradictory

evidence, the Tribunal was justified in accepting the occupation as

claimed. Regarding the income of the deceased, though no salary

slips or regular pay certificates were produced, the Tribunal,

depending on the totality of evidence, reasonably assessedthe income

of the deceased, deducted half the assumed monthly income towards

personal expenses, applied the appropriate multiplier and then

awarded a sum of Rs.12,00,000/- in favour of the claimants, which is

consistent with well-settled principles for assessment of

compensation in motor accident death cases. Thus, the compensation

awarded by the Tribunal is fair, just and reasonable in the light of

facts and material on record.

8. Resultantly, this appeal is dismissed. No order as to costs.

As a sequel, the miscellaneous petitions pending, if any, shall

stand closed.

________________________________ JUSTICE C.V.BHASKAR REDDY Date:02.12.2025 JSU