Allowed

United India Insurance Co. Ltd., v. Thota Chandrasekhar and 3 Others

Andhra Pradesh HC5 Sept 2023MACMA/845/2013

Case brief

AI extract

What is this about?

Appeal against a Motor Accidents Claims Tribunal award. The High Court upheld the Tribunal's award of Rs. 1,95,000, modifying the order to direct the insurance company to deposit the amount with interest, allowing recovery from the vehicle owner later.

What did the court decide?

Order of the Tribunal set aside only to direct the insurance company to deposit Rs. 1,95,000 plus 7.5% interest within two months, with recovery from the vehicle owner via execution petition.

United India Insurance Co. Ltd., Vs Thota… — Motor Accident Claims | Andhra Pradesh HC (2023)

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J ktf
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A.

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A. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVaI^^^^^

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TUESDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 845 OF 2013

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Appeal under Section 173 of M.V.Act against the award and decree dated.0603-2012 in M.V.O.P; 190 of 2005, on the file of Motor Accidents Claims TribunalCum-ll Additional District Judge, Kadapa at Proddatur.

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Between:

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United India Insurance Co. Ltd., Rep. by its Divisional Manager, Kadapa.

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...Appellant/R-2

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AND

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Jiltege^ManfafKaVp^o'^M?? Duwur

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...Resp/Claimants

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^ B^)galore-2^^^’ 45 years, 1st Floor, 3rd Lane, NT^Peta,

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..Resp/R-1

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R Sagaya Das, S/o Not known, 40 years, D.No. 11/2, 2nd Lane Mylapore,Chennai,

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(R4 not necessary in this Appeal)

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...Respondents/R-3

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LA. NO: 2 OF 2012fMACMAMP. NO: 6120 OF 2012)

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• under Section 151 CPC praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased to ! * P'’°ceedings including the execution of Decree^and award dated06.032012 in OP No. 190/2006 on the file of MACT-cum-ll Additional District Judge, Kadapa at Proddatur.

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OF 2Q13(MACMAMP. NO: 1543 OF 201J1

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l.A. NO: 1

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Venkataramaiah, Aged 58 years, R/o.

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1 Thota Chandrasekhar, S/o Pedda ■ Duvvur Village & Mandal, Kadapa District.

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R/o. Duvvur Village & Mandal,

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2 Thota Adilakshmi, W/o. Chandra Sekhar, Kadapa District.

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...Petitioner/Respondents No. 1 & 2

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AND

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United India Insurance Co. Ltd.

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Rep. by its Divisional Manager, Kadapa.

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.. .Respondents/Petitioner

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. TPV Ramaiah, 1st Floor, 3rcl Lane, NT Pete,

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1. T.Anand Prasad, S/o Bangalore-2.

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R.Sagaya Das, R/o D.No. 11/2, 2nd Lane, Mylapore,Chennai,

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(Respondent Nos. 2 and 3 not necessary)

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...Respondents/Respondent Nos.2 & 3

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^ X- dK-1 rpr nravino that in the circumstances stated Petition under Section 151 P[ V ^ ^ pleased to in in MACMA(SR).No.40847 of 2012 dt. 26/09/2012

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counsel for the Appellant: SRI SRINIVASA RAO VUTLA

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counsel for the Respondent Nos.1, 2: SRI D KODANDA RAMI REDDY

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The Court made the following Judgment;

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uhN’BLE sr> iusticey THE

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r^nPALA RAO

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IV) A r. M A.No.B45 of 2013

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■lllDGMENT:

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and order passed in Aggrieved by the impugned award Motor Accident Claims the file of the M.V.O.P.No.190 of 2005 on Additional District Judge, Kadapa at Proddatur Tribunal-cum-ll Of RS.1,95,000/- towards Tribunal awarded an amount whereby the St 3^^ respondents, claimants against 1 total compensation to the nd respondent/insurance this instant appeal is preferred by 2 Company. both the parties in the appeal will 2. For the sake of convenience in the claim application. be referred to as they are arrayed in

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Section 166 of the claim petition under 3 The claimants filed a amount of Rs.2,80,000/1988 claiming an Motor Vehicles Act Kiran Kumar in a for the death of Thota towards compensation .08.2002. 1®^ claimant is accident that occurred on 11 motor vehicle mother of the deceased. claimant is the the father,

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VGKRJ MAGMA No.845 of 2013

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The brief averments of the claim petition are as^follows:

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The deceased was aged about 18 years and he was worked

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as an attender in a private college and earned Rs.3,000/- per month. On 11.08.2002, the deceased and some other villagers^ofDuvvur village went to Nandavaram village of Kurnool District^andboarded a lorry bearing No.KA 01D 9994 to offer prayers to^{SriChowdeswari} Devi in order to perform pooja and after performing the pooja and completing their dinner, the deceased and the other villagers travelled in the same lorry from Nandavaram temple^toDuvvur. The driver of the lorry drove in a rash and negligent manner in the heavy rain and wind. After crossing the Nadavaram bus stand,^whenthe lorry reached Madhavaiah tombs, a big neem tree fell over the lorry for which the deceased and three other persons who^wereonthe lorry died on the spot and others sustained injuries. The accident occurred only due to rash and negligent driving of^{thedriverofthe} lorry. A case in Crime No.84 of 2002 was registered against the driver of the offending vehicle lorry by Station House Officer, Nandavaram Police Station.

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VGKR,J MACMA No.845 of 2013

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1®* and 3'^'^ respondents remained ex parte.

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1®* and 3'^'^ respondents remained ex parte. 6. 2"^^ respondent/insurance Company pleaded in the written statement that the subject lorry was insured with the Insurance Company subject to the terms and conditions of the^policy. The claimants have to prove the rash and negligent driving^ofthedriver of the offending vehicle lorry. 1®’ respondent has violated the conditions of the policy by carrying passengers.

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Based on the above pleadings, the Tribunal framed the

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following issues for trial;

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Whether the accident occurred on 11.08.2002 at 16:00 hours, due to rash and negligent driving of the driver^of lorry bearing No.KA 01D 9994?

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Whether the claimants are entitled for compensation? 3. 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.AI to A4 were marked. On behalf of 2'"'^ respondent/insurance Company, no witnesses^were

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examined and no documents were marked.

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VGKR,J MACMA No.845 of 2013

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At the culmination of the enquiry, on appreciation of the entire evidence on record, the Tribunal awarded an amount of Rs. 1,95,000/- towards compensation to the claimants against 1 St to respondents. Aggrieved thereby, the appellant/lnsurance Company filed this instant appeal.

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Heard Sri Srinivasa Rao Vutia, learned counsel for the appellant/United India Insurance Company Limited and Sri D.Kodanda Rami Reddy, learned counsel for the claimants.

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Now, the point for determination is:

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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 driving of^thedriverof the offending vehicle lorry, the claimants relied on the evidence of P.W.2 who is an eye witness to the accident. As per his evidence. the accident in question occurred due to rash and negligent driving of driver of the offending vehicle lorry. On considering

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VGKRJ MACMA No.845 of 2013

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Ex.A1-Certified Copy of the First Information Report^and Ex.A4Certified Copy of the Charge Sheet, the Tribunal came^toconclusion that the accident in question occurred due to rash^andnegligent driving of the driver of the offending vehicle lorry. 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^findinggiven by the Tribunal.

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Coming to the compensation, as per the case of the^claimants, the deceased was worked as an attender in a private^collegeand earned Rs.3,000/- per month. No document is filed by^theclaimants to prove the income of the deceased. The Tribunal has^takenthe income of the deceased as Rs.50/- per day. The Tribunal^applied the age of mother of the deceased which is applicable in the relevant time of accident. By giving cogent reasons,^theTribunal awarded an amount of Rs. 1,80,000/- towards loss of^dependency and an amount of Rs.5,000/- towards funeral expenses of the deceased an amount of Rs. 10,000/- towards love and^affection. In total, the Tribunal awarded an amount of Rs. 1,95,000/to the

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VGKRJ MACMA No.845 of 2013

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claimants towards total compensation and fixed the joint liability against 1 to 3'"* respondents.

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Learned counsel for the appellant would submit that the offending vehicle lorry is insured with appellant/lnsurance Company and the policy is in force and pleadings of the claim application itself shows that the deceased was travelling in the offending^vehicle. In fact, no evidence is adduced by the respondents to prove the defence. However, the pleadings of the petitioners go to show that the deceased was travelling in the offending vehicle lorry, Since the deceased was a third party, insurer is liable to pay the compensation in first and later recover the same from the owner of the offending vehicle lorry.

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In the result, the appeal is disposed of. The order passed ini M.V.O.P.No.190 of 2005 on the file of the Motor Accident Claims Tribunal-cum-ll Additional District Judge, Kadapa at^Proddatur is modified as that 2^^ respondent/insurance Company is^directedto deposit the total compensation of Rs.1,95.000/- along^with interest at the rate of 7.5% per annum as ordered by the Tribunal within two

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VGKR,J MACMA No.845 of 2013

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months from the date of this Judgment and later recover^thetotal amount with interest and costs from the owner of the offending vehicle lorry by filing an execution petition and without^filingany independent suit. On such deposit, the claimants are entitled to withdraw the same equally with interest and costs.^{Theorderofthe} Tribunal in all other respects shall remain intact. There shall be no

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order as to costs.

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

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appeals shall stand closed.

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SD/- A VENUGOPALA RAO ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Chairman, Motor Accidents Claims Tribunal -^{Cum-liAdditionalCourt} Kadapa at Proddatur at Kadapa District(with records^if any) 2. One CC to Sri Srinivasa Rao Vutia, Advocate [OPUC] 3. One CC to Sri D Kodandarami Reddy, Advocate [OPUC]

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The Section Officer, VR Section, High Court of Andhra^Pradeshat Amaravati(to dispatch records to lower court) 5. Three CD Copies

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DPK

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sree

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HIGH COURT DATED:05/09/2023

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JUDGMENT+DECREE

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MACMA.No.845 of 2013

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1 Oop'S^
Ujo-i- j'2-ii

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DISPOSING THE M.A.C.M.A. WITHOUT COSTS

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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TUESDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO^^^feS^

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 845 OF 2013

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Between:

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United India Insurance Co. Ltd., Rep. by its Divisional Manager, Kadapa.

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...Appellant/R-2

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AND

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Thota Chandrasekhar, S/o. Pedda Venkataramaiah, 49 years, R/o. Duvvur Village & Mandal, Kadapa District.

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Thota Adilakshmi, W/o. Chandra Sekhar, 41 years, R/o. Duvvur Village & Mandal, Kadapa District. ...Resp/Claimants

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T.Anand Prasad, S/o. TPV Ramaiah, 45 years, 1st Floor, 3rd Lane, NT Peta, Bangalore-2.

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...Resp/Claimants

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..Resp/R-1

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R.Sagaya Das, S/o Not known, 40 years, D.No. 11/2, 2nd Lane Mylapore,Chennai,

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(R4 not necessary In this Appeal)

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...Respondents/R-3

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Appeal under Section 173 of M.V.Act against the award^{anddecreedated.06-} 03-2012 in M.V.O.P.No.190 of 2005, on the file of Motor Accidents Claims TribunalCum-ll Additional District Judge, Kadapa at Proddatur.

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This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Court and the material papers in the Suit and upon hearing the arguments of Sri Srinivasa Rao Vutia, for the Appellant and of Sri T. D. Kodanda Rami Reddy, for the Respondents.

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This Court doth Order and decree as follows:

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That the Appeal be and hereby is disposed of.

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That the order passed in M.V.O.P.No. 190 of 2005^{onthefileoftheMotor} Accident Claims Tribunal - cum - II Additional District Judge, kadapa at Proddatur is modified as that 2"'^ respondent/insurance company^beand hereby is directed to deposit the total compensation^{ofRs. 1,95,000/-along} with interest at the rate of 7.5% per annum as ordered by the Tribunal within two months from the date of this Judgment and later^{recoverthetotalamount} with interest and costs from the owner of the offending vehicle lorry by filing an execution petition and without filing any independent^suit.

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That on such deposit, the claimants are entitled^{towithdrawthesameequally} with interest and costs.

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That the order of the Tribunal in all other respects^{shallremainintact.} 5. That there shall be no order as to costs in this Motor Accident Civil Miscellaneous Appeal.

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SDI- A VENUGOPALA RAO ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Chairman, Motor Accidents Claims Tribunal - Cum^{-IIAdditionalCourt} Kadapa at Proddatur at Kadapa District.

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Three CD Copies

DPK

sree
’ V

HIGHXOURT

DATED:05/09/2023

• 4

DECREE

MACMA.No.845 of 2013

^ Cop'c/)
puit
2o jm j

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DISPOSING THE M.A.C.M.A. WITHOUT COSTS

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<br>

United India Insurance Co. Ltd., v. Thota Chandrasekhar and 3 Others

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd., v. Thota Chandrasekhar and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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