United India Insurance Company Limited v. Bandla Palli Chinnakka

Andhra Pradesh HC15 Sept 2023MACMA/1703/2014

Case brief

AI extract

What is this about?

The Insurance Company appealed against the Tribunal's award of Rs. 5,00,000 compensation. The Court upheld the finding of negligence and held the insurer liable to pay the award first, paying the interest at 7.5% before seeking recovery from the vehicle owner.

What did the court decide?

Insurance Company directed to deposit Rs. 5,00,000 with 7.5% interest within two months and recover it from vehicle owner via execution petition.

United India Insurance Company Limited Vs… — Motor Accident Claims | Andhra Pradesh HC (2023)

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THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO

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M.A.C.M.A.No.1703 of 2014

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JUDGMENT:

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Aggrieved by the impugned award and order passed in M.V.O.P.No.257 of 2011 on the file of the Motor Accident Claims Tribunal-cum-VI Additional District Judge, Anantapur at Gooty whereby the Tribunal awarded an amount of Rs.5,00,000/- towards total compensation to the claimants against 1^st and 2^nd respondents, this instant appeal is preferred by 2^nd respondent/Insurance Company questioning the legal validity of the award passed by the Tribunal.

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For the sake of convenience, both the parties in the appeal will be referred to as they are arrayed in the claim application.

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The claimants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.5,00,000/towards compensation for the death of Palli Obula Reddy in a motor vehicle accident that occurred on 01.04.2011. 1^st claimant is the

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wife, 2^nd and 3^rd claimants are the children and 4^th claimant is the father of the deceased.

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The brief averments of the claim petition are as follows:

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On 01.04.2011 at about 2:30 p.m., the deceased was going on

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his cycle from his village to Danduvaripalli Village to his relatives house. When the deceased was going near B.C.Colony, Nuthanakaluva Village at about 2:45 p.m., the offending Hero Honda Motor Cycle bearing No.AP 04AD 4014 came from opposite direction in a rash and negligent manner and dashed against the deceased and his cycle. As a result the deceased fell down and received injuries. Immediately the deceased was shifted to Government Hospital, kadiri. After first aid he was referred to Government General Hospital, Anantapur. While on the way to Anantapur the deceased succumbed to the injuries. A case in Crime No.29 of 2011 was registered against the rider of the offending vehicle two wheeler under Section 304-A I.P.C. by the Station House Officer, Talupula Police Station. 1^st respondent is the owner and 2^nd respondent is the insurer of the offending vehicle.

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1^st respondent remained ex parte .

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2^nd respondent/Insurance Company filed a counter by denying the claim of the claimants.

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Based on the above pleadings, the Tribunal framed the following issues for trial:

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Whether the accident occurred on 01.04.2011 due to rash and negligent driving of Hero Honda Motor Cycle bearing No.AP 04AD 4014 by its driver and caused the death of the deceased?

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Whether the petitioners are entitled to compensation? If so, to what amount and from which of the respondents?

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To what relief?

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During the course of enquiry, on behalf of the claimants, P.Ws.1 and 2 were examined and Exs.A1 to A4 were marked. On behalf of 2^nd respondent/Insurance Company, R.Ws.1 and 2 were examined and got marked Exs.B1 to B5.

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At the culmination of the enquiry, on considering the entire material on record, the Tribunal awarded an amount of Rs.5,00,000/- towards total compensation to the claimants against 1^st and 2^nd respondents. Aggrieved against the said order, this instant appeal is filed by 2^nd respondent/Insurance Company.

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Heard Sri N.Rama Krishna, learned counsel for the appellant/United India Insurance Company Limited and Sri

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M.Karibasaiah, learned counsel for 1^st to 4th respondents.

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Now, the point for determination is:

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1. Whether the order passed by the Tribunal needs any interference? To what extent?

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POINT :

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In order to prove the rash and negligent riding of the rider of the offending vehicle, the claimants relied on the evidence of P.Ws.1 and 2. Admittedly, P.W.1 is not an eye witness to the accident and P.W.2 is an eye witness to the accident. The evidence of P.W.2 is coupled with Ex.A1-Attested Copy of the First Information Report

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and Ex.A4-Attested Copy of the Charge Sheet clearly goes to show that the accident in question occurred due to rash and negligent riding of the rider of the offending vehicle motor cycle. The Tribunal also came to the same conclusion. I do not find any legal flaw or infirmity in the said finding given by the Tribunal. Therefore, there is no need to interfere with the above finding given by the Tribunal.

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Coming to the compensation, the contention of the claimants is that the deceased was used to earn Rs.6,000/- per month. The Tribunal, by giving cogent reasons came to the conclusion that the deceased used to earn Rs.4,500/- per month only. After giving 1/3^rd statutory deduction for his personal expenses, the contribution amount available to the claimants is Rs.3,000/- per month i.e., Rs.36,000/- per annum. Since the deceased was aged about 44 years, the relevant multiplier applicable to the deceased is „15‟ as per the decision of the Hon‟ble Supreme Court of India in Smt.Sarla Varma Vs. Delhi Transport Corporation¹ , therefore, the Tribunal awarded an amount of Rs.5,40,000/- (Rs.36,000/- x 15) towards

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1 1 2009 (4) SCJ 91

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loss of dependency to the claimants. Even though the Tribunal came to conclusion that the claimants are entitled an amount of Rs.5,40,000/- towards loss of dependency, their claim is restricted up to Rs.5,00,000/- by the Tribunal. No cross objections or no appeal filed by the claimants to challenge the award passed by the Tribunal. Therefore, I do not find any illegality in awarding the compensation of Rs.5,00,000/- towards total compensation.

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The material on record reveals that the offending vehicle is insured with appellant/Insurance Company and the policy is in force. The documentary evidence also supports the same. Learned counsel for the appellant argued that the rider of the two wheeler is not having any driving license at the time of accident. In order to prove the same, the appellant/Insurance Company examined the Junior Assistant, RTA Office, Anantapur as R.W.2. As per his evidence, the rider of the offending vehicle two wheeler is not having any driving license at the time of accident. The material on record reveals that as per Ex.B2, the rider of the offending vehicle is not having any driving license at the time of accident. The principle laid

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down in National Insurance Co. Ltd. vs. Swaran Singh and others² case is that “even in case of absence, fake or invalid license or disqualification of the driver for driving, the Insurance Company is liable to satisfy the award in favour of third party at the first instance and later recover the award amount from the owner of the offending vehicle, even when the Insurance Company could establish the breach of terms of the policy, on the part of the owner of the vehicle”. Therefore, appellant/Insurance Company is liable to pay the compensation of Rs.5,00,000/- awarded by the Tribunal to the claimants in first and later recover the same from the owner of the offending vehicle by filing an execution petition.

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In the result, the appeal is disposed of. The order passed in M.V.O.P.No.257 of 2011 on the file of the Motor Accident Claims Tribunal-cum-VI Additional District Judge, Anantapur at Gooty is modified as 2^nd respondent/Insurance Company is directed to deposit the total compensation of Rs.5,00,000/- with interest at the

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2 AIR 2004 SC 1531

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rate of 7.5% as ordered by the Tribunal within two months from the date of this Judgment and later recover the total amount with interest and costs from the owner of the offending vehicle/1^st respondent by filing an execution petition and without filing any independent suit. On such deposit, the claimants are entitled to withdraw the same with interest and costs. The order of the Tribunal with regard to all other respects shall remain intact. There shall be no order as to costs.

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

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_______________________________ V.GOPALA KRISHNA RAO, J

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ANI 15-09-2023

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157

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