Insurer appealed a motor accident award, contesting only the Tribunal's finding that the deceased was 40 years old. The court upheld the age determination based on inquest, post-mortem and driving licence records and dismissed the appeal, directing deposit of the balance award amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SATURDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
the honourable SRI JUSTICE RAVI NATH TILHARI
AND
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
lyiOTOR ACCIDENT CIVIL MISCELLANEOUS APPFAI NO: 1450 OF 9017 Appeal filed under Section 173 of M.V Act aggrieved by the Decree and Judgment dated: 30.07.2015 passed in M.V.O.P. No. 63 of 2011 on the file of the District Judge-cum-Chairman, MACT, Chittoor
Between:
R^n Company, Neliore Branch, Rep. by its Branch Manager, Holding its office in KCV Towers in upstairs to Dhanalaxmi Bank, Braundavanam, Neliore Town and District.
...APPELLANT/RESPONDENT No.2
AND
Hindu, Student.
[R2 and R3 are declared as Majors vide C.O dated 08/06/2017 i n MACMP No’s 3164/2016 and 3274/2016 by discharging R1 as Guardian]
(Respondent No. 3 is added as per orders in lA No. 881/2012 dated' 06.07.2013)
...RESPONDENTS
I.A. NO: 2 OF 2016(MACMAMP. NO: 2043 OF 20161
Petition under Section 151 CPC, praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to, stay the execution of the Decree and Judgment dated 30.07.2015 passed in MVOP No.63/2011 on the file of District Judge cum Chairman, MACT, Chittoor
Counsel for the Appellant: SRI. D RAVI KIRAN
Counsel for the Respondent No’s 1 to 4: SRI. P DURGA PRASAD
The Court made the following: JUDGMENT
[3470]
APHC010053682017
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
SATURDAY .THE TWENTIETH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1450/2017
Between:
Reliance General Ins Com. Ltd., Nellore Dist
...APPELLANT
AND
VVijaya Lakshmi Chittoor Dist 5 Others and Others
...RESPONDENT{S)
Counsel for the Appellant:
1.D RAVI KIRAN
Counsel for the Respondent(S):
1.P DURGA PRASAD
The Court made the following:
JUDGMENT: (per Ravi Nath Tilhari, J)
Heard Sri D.Ravi Kiran, learned counsel for the appellant and Sri P.Durga Prasad, learned counsel for the claimants-respondents;
- Sri P.Durga Prasad, learned counsel for respondents submits that the respondent No.4, one of the claimants (mother of the deceased) has died during the pendency of the appeal and is represented by the legal
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representatives respondent Nos.1 to 3 already on record.Hesubmitsthata memo to that effect has been filed in the Registry.
- Let the necessary endorsement be made in the appeal.
- The claimants-respondents, the dependents of the deceased namely Venkatachalam, filed MVOP.No.63 of 2011 under Section 166 of Motor Vehicles Act (in short ‘the Act’) claiming compensation of Rs.45 lakhs with interest thereon on account of the death of Venkatachalam in road accident dated 30.04.2010 caused by the offending vehicle Indica Car bearing No.AP 26R 6726 of the present respondent No.5 driven by the driver-the present respondent No.6. The car was insured with the insurance company - the present appellant.
- The case of the claimants inter-alia was that the accident was caused due to rash and negligent driving of the driver of the offending car which dashed from opposite direction the motor cycle AP 03AD 1772 of the deceased, who sustained fatal injuries and died on 22.05.2010 during treatment from one hospital to other. The deceased was working as lineman in Southern Power Distribution Company Limited of Andhra Pradesh in Tirupati Circle having the monthly salary of Rs.25,043/-, apartfromonelakhannual income from agricultural land of Ac.4.05 cents. He was aged about 40 years.
- The appellant and present respondent No.5 filed writtenstatementinter- alia denying the case of the claimants and submittedthattheclaimantsbe called upon to prove their claim. The claim was excessiveasalsotherateof
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interest. The accident was caused due to head on collision between two vehicles and was due to the negligence of the deceased. The owner and insurer of the motor cycle were also the necessary parties. The claim petition was bad for non-joinder of necessary parties.
- The Motor Accident Claim Tribunal (in short ‘the Tribunal’)framedthe
following issues:
On the above pleadings, the following issues were settled for trial:
- The parties led their respective evidence. On behalf of the claimants, PWs.1 to 3 were examined. Ex. A1 to A11 and Ex.X1 i.e., salary certificate were marked. Ex.B1 copy of the insurance policy was marked by consent on behalf of the insurance company.
- The respondents did not lead any other evidence oral of documentary. The Tribunal recorded the findings that the accident was caused due to rash and negligent driving of driver of the offending car Indica, resulting in the death of the deceased. The deceased was aged about 40 years. His monthly income was determined as Rs.25,043/-. Applying the multiplier of 15 and making deductions and additions, it awarded compensation of Rs.40,05,560/with interest @ 7.5% per annum from the date of petition till the date of payment. The Tribunal also made the apportionment of compensation
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amongst the claimants. The OP was partly allowed vide judgment/award dated 30.07.2015.
- Challenging the award, the present appeal was filed under Section 173 of the MV Act.
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- Sri P.Durga Prasad, learned counsel, for the claimants/respondents submits that the Tribunal rightly placed reliance on Ex.A3 and A4 to determine the age of the deceased. He further submits that the claimants had also filed the driving license of deceased issued by RTA, Chittoor as Ex-AIO, in which the date of birth of the deceased was recorded as 01.07.1970 which also proved that the deceased was 40 years of age.
- The only point for determination is as to what was the age of the deceased on the date of accident?
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X
- The Tribunal has placed reliance on Ex.AS and A4 to record the finding that the age of the deceased was 40 years. Any evidence to the contrary was not filed by the appellant. We also perused the driving license of the deceased-Ex.AIO on the record of the Tribunal, placed before us. It records the date of birth as 01.07.1970. From Ex.A10 also on the date of accident dated 30.04.2010. the deceased was 40 years of age.
- We hold that the age of the deceased was 40 years on the date of accident. We do not find any illegality in the finding recorded by the Tribunal on the age of the deceased as 40 years.
- No other point was argued.
- The Motor Accident Civil Miscellaneous Appeal is dismissed.
- The appellant shall comply with the award of the Tribunal by depositing the balance amount, in terms thereof, within a period of three (03) weeks, upon which the Tribunal shall release the same in favour of the claimantsrespondents expeditiously. The remaining amount payable to respondent No.4- mother of the deceased shall also be equally distributed to the claimants-respondent Nos.1 to 3.
- Let the Record of M.V.O.P.No.63 of 2011 be also sent back to the Tribunal.
No order as to costs. \
As a sequel thereto, miscellaneous petitions, if any pending, shall also
<br>stand closed.
<br>V
SD/- S SRINIVASA PRASAD ASSISTANTREGIST^R //TRUE COPY// SECTION OFFICER 1. The District Judge-cum-Chairman, MACT, Chittoor,ChittoorDistrict (with records if any)
To,
5. Three CD Copies
MV
HIGH.<?OURT DAT%'D: 20/07/2024
JUDGMENT + DECREE MACMA.No.1450 of 2017
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DISMISSING THE MACMA
WITHOUT COSTS
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SATURDAY, THE TWENTIETH DAY OF JULY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1450 OF 2017
Between:
M/s Reliance General Insurance Company, Nellore Branch, Rep. by its Branch Manager, Holding its office in KCV Towers in upstairs to Dhanalaxrni Bank, Braundavanam, Nellore Town and District.
...APPELLANT/RESPONDENT No.2
AND
[R2 and R3 are declared as Majors vide C.O dated 08/06/2017in MACMP No’s 3164/2016 and 3274/2016 by discharging R1es Guardian]
/ /
' t
(Respondent No. 3 is added as per orders in lA No. 881/2012, dated06.07.2013)
...RESPONDENTS
Appeal filed under Section .173 of M.V Act. aggrieved by the Decree and Judgment dated: 30.07.2015 passed in M.V.O.P. No. 63 of 2011 on the file of the District Judge-cum-Chairman, MACT, Chittoor
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 appeal and upon hearing the arguments of Sri D Ravi Kiran. Advocate for the appellant and of Sri P Durga Prasad, Advocate for the Respondents
This Court doth order and decree as follows:
/
SO/- S SRINIVASA PRASAD ASSISTANT REGISTRAR
//TRUE COPY//
S OFFICER
To
MV
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HIGH COURT
DATED: 20/07/2024
DECREE
WIACMA.No.1450 of 2017
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DISMISSING THE MACMA
WITHOUT COSTS
1 issue framed by the court
What was the age of the deceased on the date of the accident, for purposes of computing compensation?
2 provisions across 1 enactments
Reliance General Insurance Company Ltd., Nellore Branch
V Vijaya Lakshmi
V Deepika
V Keerthana
P Seethamma
P Satish Reddy
Ravi Nath Tilhari
Nyapathy Vijay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
