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BEFORE THE MOTOR VEHICLE ACCIDENTS CLAIMS TRIBUNAL –cumVI
ADDITIONAL DISTRICT JUDGE : GUNTUR
Present: Sri K. CHIDANANDA, B.Com., L.L.M.,
Chairman, Motor Vehicles Accidents Claims Tribunalcum
VI ADDL. DISTRICT JUDGE (F.T.C.), GUNTUR
Wednesday, the 3rd day of April, 2013
MVOP.No.321/2011
Between: Yarramsetty Lakshmi, w/o late Appa Rao, aged 54 years, Hindu, Coolie. (Mother of deceased)
2. Kasinikota Lakshmi, w/o late Apparao, aged 36 years, Hindu, Coolie. (Sister of deceased)
3. Kasinikota Meena, w/o Rama Rao, aged 25 years, Hindu, Coolie. (Sister of deceased) (All are residents of D.No.1162, S.T. Colony, Pasumarru village,
Chilakaluripet Mandal, Guntur District, Chilakaluripet JCJC) ... Petitioners
And
1. Vemparla Narayana Rao(R1) s/o Anantaiah, R/o D.No.872/B, Ongole, Prakasam Dt., Ongole JCJC. (Owner of Lorry bearing No.AP 27Y 6449)
2. The Oriental Insurance Company Limited(R2) Rep.by its Divisional Manager, Divisional Office, Arundelpet,, Guntur. (Insurer of the Lorry bearing No.AP27Y 6449 Policy No.462900/31/2010/9866 Valid from 1232010 to 1132011 Original issuing branch:Ongole)
3. Kammarapalli Venkateswarlu(R3) s/o Venkata Subbaiah, R/o D.No.926, Near RTC Bus stand, Opp.Kusumaharanadha Baba Temple, Singarayakonda, Prakasam District.
(Present owner of the lorry bearing No.AP27Y 6449) ...Respondents
This petition is coming on 2532013 before me for final hearing in the presence of Sri P. Venkata Subba Rao, Advocate for the petitioners, Sri Y. Pitchi Reddy, Advocate for 1st respondent and Sri P. Ramanjaneyulu, Advocate for 2nd Respondent and 3rd respondent remained set exparte and having stood over till this day for consideration, this Court made the following:
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O R D E R O R D E R
This is a claim petition filed U/Secs.140 and 163A of Motor Vehicles Act and rules 455 and 476 of A.P.M.V. Rules claiming compensation of Rs.4 lakhs for the death of Yarramsetty Nagaraju in a motor vehicle accident which was occurred on 662010 at about 10:00 0m near Atmakuru, Mangalagiri Mandal, Guntur District involving the Crime vehicle Lorry bearing No.AP27Y 6449.
02.The brief facts of the petition are as follows:
On the fateful day i.e., on 662010 at about 7:00 pm the deceased along with his wife and daughter by name Bhavani and one Prasad started from Chilakaluripet to go to Vijayawada with an intention to shift their family to Yanamalakuduru, Vijayawada along with their luggage i..e, house hold articles like cots, clothes, cookware, chairs and other household utensils etc and boarded a lorry bearing No.AP27Y 6449 by paying Rs.700/ towards transportation charges of the said luggage. Later the said lorry reached near Atmakuru village the driver of the said lorry drove the same in a high speed, rash and negligent manner and applied sudden breaks carelessly and as a result, the lorry turned turtle and the deceased and others were fell down from the lorry and deceased died on the spot due to multiple injuries all over the body. The other three goods owners who are also travelling in the lorry were also died on the spot. A case was registered in Cr.No.94/2010 u/s.304A IPC by the SHO, Mangalagiri P.S. against the driver of the lorry. Later, postmortem was conducted on the dead body of the deceased by the Medical Officer, Government hospital, Mangalagiri.
The further contention of petitioners is that the deceased working as a Sweeper in a private college situated at Yanmalakuduru near Vijayawada and earning Rs.3,300/ per month and he used to spend his entire income to the maintenance of the petitioners and as the deceased died, the petitioners lost their earning support and hence the respondents 1 and 2 are jointly liable to pay compensation of Rs.4 lakhs to the petitioners.
03.R3 remained set exparte.
04.R1 filed written statement by denying all material allegations of the petitioner. The contention of R1 is that there was no negligence on the part of the driver of the lorry. The driver of the lorry was having valid driving license at the time of accident. Further the crime vehicle has valid insurance policy at the time of accident and hence R1 is not liable to pay compensation to the petitioner.
04.R2 filed written statement by denying all material allegations of the petitioner. The contention of R2 is that there was no rash and negligence on the part of the driver of the crime vehicle lorry and that the driver of the crime vehicle had no proper driving license at the time of accident and R1 allowed his driver to drive the crime vehicle knowing fully well that he has no driving license and thereby R1 violated the terms and conditions of the policy and that this petition is bad for nonjoinder of necessary parties and that the claim of the petitioners is very high and excessive and the petition is liable to be dismissed with costs.
05.Basing on the above pleadings, my learned predecessor framed the following issued for trial:
1. Whether the deceased Yarramsetty Nagaruju died in a motor vehicle accident due to the rash and negligent driving of the driver of crime 3 vehicle bearing NO.AP27Y 6449 ?
2. Whether the petitioners are entitled for damages as claimed for ? To what amount, from whom ?
3. To what relief ?
06. To prove the case of petitioner, Pws 1 and 2 were examined and Exs.A1 to A7 and Exs.X1 to X3 were marked. On behalf of respondents, Rws 1 and 2 were examined and Exs.B1 and B2 were marked.
07.During the course of arguments, the learned counsel for petitioner vehemently argued that the accident occurred only due to the rash and negligent driving of the driver of crime vehicle and as a result, the deceased sustained grievous injuries and later he died. Further, due to the sudden death of deceased the petitioners lost their support, love and affection of the deceased. The evidence of Pws 1 and 2 and Exs.A1 to A7 and X1 to X3 is sufficient to prove that the respondents 1 and 2 are jointly liable to pay compensation to the petitioners and certainly the petitioners are entitled for the total compensation of Rs.4 lakhs under various heads.
08.On the other hand, the learned counsel for R1 vehemently argued that the driver of the crime vehicle had proper driving license and his vehicle was properly insured on the date of accident and hence R1 is not liabl to pay compensation to the petitioners and only R2 is liable to pay compensation.
09.Further, the learned counsel for R2 vehemently argued that there was no rash and negligence on the part of the driver of the crime vehicle on the date of accident. The driver of crime vehicle had no proper driving license and R1 knowing fully well that his driver had no driving license, permitted to drive the crime vehicle and hence R1 has violated the terms and conditions of the policy. He further argued that the claim of the petitioner is very high and excessive. He further argued that the deceased and other passengers were gratuitous passengers in the crime vehicle and hence R2 is not liable to pay compensation and this petition is liable to be dismissed.
10.ISSUE No1:
This petition is filed u/s 163A of M.V.Act whereas the petitioner is not required to establish the occurrence of the accident due to the rash and negligent act of the driver of the lorryr, but mere proof of occurrence of accident due to use of motor vehicle is sufficient in view of the Sec.163A of M.V.Act.
In a decision reported in Managing Director Bangalore Metropolitan Transport Corporation Vs. Sarojamma and another reported in 2008(4) ALD Page 1 (SC) wherein it was observed that:
‘Section 163A of the Act was inserted by Act No.54 of
1994 with effect from 14.11.1994. For invoking the
said provision, it is not necessary for a claimant to
establish any act of negligence on the part of the
driver. It is not necessary even to plead that the death
had occurred owning to any wrongful act or negligent
or default of owner of the crime vehicle.’
Thus, in view of the principle laid down by the Apex court, proof of occurrence of accident due to use of motor vehicle is suffice to claim compensation u/s.163A of M.V.Act.
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However, in the recent judgment of Apex Court in National Insurance
Company Limited Vs. Sineetha and others reported in AIR 2012 SC 792
Their Lordships Justice Ashok Kumar Ganguly and Justice Jagdish Singh Khehar, took totally different view and concluded that even the claim under Section 163A of M.V.Act is fault liability, but the difference in the claims between Section 163A and 166 of M.V.Act is that, the initial burden is on the respondent to prove the manner of accident in claims under Section 163A of the Act, but whereas in claims under Section 166 of the Act, the burden is on the petitioners to prove rash and negligent act.
In Para 16 of the Judgment, Their Lordships held as follows:
“At the instant juncture, it is also necessary to reiterate a conclusion
already drawn above, namely, that Section 163A of the Act has an
overriding effect on all other provisions of the Motor Vehicles Act, 1988.
Stated in other words, none of the provisions of the Motor Vehicles Act
which is in conflict with Section 163A of the Act will negate the mandate
contained therein (in Section 163A of the Act). Therefore, no matter what,
Section 163A of the Act shall stand on its own, without being diluted by any
provision. Furthermore, in the course of our determination including the
inferences and conclusions drawn by us from the judgment of this Court in
Oriental Insurance Company Limited Vs. Hansrajbhai V. Kodala (supra), as
also, the statutory provisions dealt with by this Court in its aforesaid
determination, we are of the view, that there is no basis for inferring that
Section 163A of the Act is founded under the “nofault” liability principle.
Additionally, we have concluded herein above, that on the conjoint
reading of Sections 140 and 163A, the legislative intent is clear, namely, that
a claim for compensation raised under Section 163A of the Act, need not be
based on pleadings or proof at the hands of the claimants showing absence
of “wrongful act”, being “neglect” or “default”. But that, is not sufficient to
determine that the provision falls under the “fault” liability principle. To
decide whether a provision is governed by the “fault liability” principle the
converse has also to be established, i.e., whether a claim raised thereunder
can be defeated by the concerned party (owner or insurance company) by
pleading and proving “wrongful act”, “neglect” or “default”. From the
preceding paragraphs (commencing from paragraph 12), we have no
hesitation in concluding, that it is open to the owner or insurance company,
as the case may be, to defeat a claim under Section 163A of the Act by
pleading and establishing through cogent evidence a “fault” ground
(“wrongful act” or “neglect” or “default”). It is, therefore, doubtless, that
Section 163A of the Act is founded under the “fault” liability principle. To
this effect, we accept the contention advanced at the hands of the learned
counsel for the petitioner.”
In view of the principle laid down in the above decision, even in the claim filed under Section 163A of the Act, the parties to the claim have to prove the manner of accident. When once the respondents adduced evidence explaining the manner of accident, the burden will automatically shift to the petitioners/claimants. Therefore, occurrence of accident due to negligence or wrongful act of the driver is required to be established even in claims under Section 163A of M.V.Act.
Thus, there is lot of change in law and it appears that the principle laid down in the recent judgment is almost contrary to the principle laid down in 2008(4) ALD page 1 (SC) referred supra. Sinitha and others’ case is recent in 5 point of time and Their Lordships having referred several provisions of the Act and intention of Legislature, concluded that the claim U/Sec.163A of M.V.Act is also for fault liability. Therefore, the initial burden is on the respondents to prove that the accident not occurred due to rash and negligent act, that means, a negative proof is required. When once the respondents adduced evidence, the burden will automatically shift to the petitioner to prove occurrence of accident due to negligent act of the driver of the motor vehicle. Therefore, the inevitable conclusion is that, the party to claim U/Sec.163A of M.V.Act is to establish occurrence of accident due to rash and negligent act of the driver of the motor vehicle and thereby, mere proof of occurrence of accident due to use of motor vehicle by itself is not sufficient.
11.To prove the occurrence of accident due to the use of motor vehicle or due to the negligent act of the driver of the crime vehicle, the 1st petitioner was examined as Pw1 and she clearly testified the manner of accident in her chief examination. The evidence of Pw1 revealed that the accident was occurred due to the rash and negligent driving of the driver of the crime vehicle. But whereas in the cross examination the same witness categorically admits that she was not an eye witness for the accident. Therefore, the evidence of Pw1 cannot support the version of petitioners herein.
12.The petitioners examined Pw2 who is the driver of the crime vehicle and he was an eye witness for the accident. The evidence of Pw2 revealed that he was the driver of the crime vehicle on 662010 and his lorry met with an accident at 10:00 pm on the same day at Atmakuru village. He also deposed that four persons boarded in his lorry at Chilakaluripet along with their household articles and the accident took place as he applied sudden breaks and in the accident four persons died and later after the accident he left the scene of offence due to fear.
Of course, R2 cross examined this witness at length and nothing material could come out in order to discard the evidence of Pw2. Therefore, the evidence of Pw2 is very clear that he was a direct eye witness for the accident being the driver and he clearly deposed that as he applied sudden breaks his lorry met with an accident and four persons died in the accident. Therefore, the testimony of Pw2 clearly supports the contention of petitioners and the petitioners can rely upon his evidence.
13.In support of the oral evidence, the petitioners produced voluminous documentary evidence i.e., Exs.A1 to A7. Ex.A1 is the certified copy of FIR in Cr.No.94/2010 of Mangalagiri Rural P.S. and it is clear that the FIR was given by one S. Apparao. Further, the petitioners marked Ex.A2 charge sheet which is filed by Mangalagiri police against the driver of the crime vehicle. Mere filing of charge sheet is not sufficient to prove that the occurrence due to the rash and negligence driving of the crime vehicles since it is an accusation made against the driver and proof of negligence depends upon the proof beyond reasonable doubts, adducing cogent and satisfactory evidence. In such case it is the obligation of the Tribunal to decide rashness and negligence of the driver independently basing on the material available on record, as per the principle laid down in the decision reported in 2006(6) ALT page 147 (Shamshuddin and another vs. Atta Anaruddin and another), wherein His Lordship Justice C.Y.Somayajulu held as follows:
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“Mere filing of charge sheet is not sufficient and it is the duty of the
Tribunal to decide rash and negligent act of the driver, basing on the
material available on record independently.”
14.The petitioner also marked Ex.A3 which is the inquest report, Ex.A4 postmortem report and these documents would reveal that after the death of deceased, inquest was held over the dead body of the deceased in Government hospital and postmortem was also conducted over the dead body of deceased. Of course the the respondents 1 and 2 are not denying Exs.A3 and A4. Ex.A5 is the MVI report and this document also clearly supports that the accident was not occurred due to the mechanical defect of the crime vehicle.
15.According to settled principle of law in Sineetha's case referred supra, the initial burden is on the 2nd respondent to prove that the accident was not occurred due to rash and negligent act of the driver of the crime vehicle i.e., inverse initial proof is on the 2nd respondent to prove that the accident not occurred due to the rash and negligent act of the driver of the lorry. But the 2nd respondent herein did not examine the driver of the crime vehicle who is the competent person to speak about the manner of accident or any other witnesses to prove the manner of accident. Therefore, the 2nd respondent miserably failed to discharge inverse burden rests on it to prove that the accident not occurred due to rash and negligent act of the driver of crime vehicle.
16.When once 2nd respondent failed to discharge its initial burden, the petitioners need not establish the occurrence of accident due to rash and negligent act of the driver of the crime vehicle, in view of the principle laid down in Sineetha's case referred supra. However, the evidence of Pws 1 and 2 clearly established that the accident occurred due to rash and negligent act of the driver of the crime vehicle. Had the driver of the crime vehicle taken minimum care and caution in driving the crime vehicle, the accident would not have occurred. Therefore, relying on the evidence of Pws 1 and 2 particularly Pw2 who is the driver of the crime vehicle and direct eye witness for the accident, the petitioners could able to prove the rash and negligent driving of the driver of the crime vehicle. Further, respondents 1 and 2 failed to discharge their initial burden. Therefore, basing on the evidence availabel on record, this tribunal can safely conclude that the accident occurred due tot he rash and negligent act of the driver of the crime vehicle and as a result the deceased died in the accident and accordingly this issue is settled infavour of the petitioner and against the respondents.
17. ISSUE 2 : In view of my findings on Issue No.1 that the accident was occurred only due to rash and negligent driving of the driver of the crime vehicle, it follows that the Petitioners are entitled to compensation for the death of the deceased in the accident.
18.Now it is to be decided what is just compensation to be payable to the Petitioner. Compensation should be awarded reasonably, proportionately to the injuries sustained by the Petitioner and it should be neither excessive nor very meager amount.
19.It is the contention of the petitioners that the driver of the crime 7 vehicle drove his vehicle in a high speed and applied sudden breaks and as a result, the crime vehicle turned turtle and deceased died in the accident. In support of their contention, the petitioners marked Ex.A1 which is the certified copy of FIR in Cr.No.94/2010 of Mangalagiri P.S, Ex.A2 is the charge sheet and these documents certainly would reveal that the accident was occurred on the fateful day. Further the petitioners marked Ex.A3 inquest report and Ex.A4 postmortem report and these documents would reveal that the inquest was held and postmortem was conducted on the dead body of the deceased. On the other hand, the respondents not denying the death of the deceased. Therefore, it is held that the petitioners could able to prove the death of the deceased in the said accident.
20.Now it has to be decided as to what amount the petitioners are entitled towards the compensation for the death of the deceased.
21.In this petition, the petitioners are claiming total compensation Rs.4 lakhs towards special and general damages. Under the head of special damages, the Petitioners are claiming Rs.40,000/. Under the head of love and affection the petitioners claiming Rs.20,000/. But whereas as per Schedule II of M.V.Act, the petitioners the petitioners are not entitled for any amount under this head and accordingly no amount is awarded under this head. Further, the petitioners claimed damages under the head of funeral and transport expenses of Rs.20,000/. As per Schedule II of M.V.Act the petitioners are entitled only Rs.2,000/ under the head of funeral expenses. Therefore, only Rs.2,000/ is granted under this head to the petitioners.
Thus, in total, under special damages, the petitioners could be granted Rs.2,000/ only.
22.When coming to the general damages, the petitioners claimed Rs.3,60,000/ towards dependency and support. It is the evidence of Pw1 that prior to the accident, the deceased was hale and healthy and he was working in a private college as a Sweeper and getting Rs.3,300/ per month. Of course the petitioners not produced any documentary evidence to prove the income of the deceased. But however any unskilled labour can get Rs. 100/ per day and Rs.36,000/ per annum. At this juncture it is pertinent to rely upon decision reported in D. Krishna Veni Vs., Md. Sikinder, 2009(6) ALT 620 wherein the Hon'ble High Court of A.P. Observed that:
“ Even if the deceased is not considered to be a skilled worker the
tribunal in my view did not commit any error in fixing the income of the
deceased at Rs.3,000/ per month, since it is not unreasonable even if he has
only a labourer.”
Therefore, the income of the deceased shall be taken into consideration to that of the income of the unskilled labour.
23.The age of the deceased is mentioned in the charge sheet and inquest report is '35' years. Therefore, the age of the deceased shall be taken into consideration is that of 35 years. Therefore, by considering the age of the deceased, the multiplier that could be applied in this case is '17'. Since there are 3 petitioners in this petition, 1/3rd income of the deceased shall be deducted towards personal and living expenses of the deceased as per 8
Sarlavarma case reported in 2009(6) SCC 121. Therefore, the petitioners are entitled for the compensation is as follows:
Rs.36,000 – Rs.12,000 = Rs.24,000 x 17 = Rs.4,08,000/
But however the petitioners claimed only Rs.3,60,000/ under this head and the awarded amount is restricted to Rs.3,60,000/.
Thus, accordingly the petitioners could be awarded Rs.3,60,000/
24.Thus, in total, under the both heads i.e., special and general damages, the petitioner could be awarded the following damages:
1. Damages towards funeral expenses Rs. 2,00000 2.Damages towards dependency and support Rs. 36000000 Total Rs. 36200000
25.Now it has to be decided what percentage of interest the Petitioners are entitled for the said awarded compensation amount. As per the Judgment of the Hon’ble Supreme Court of India reported in Tamilnadu Transport Corporation Limited Vs., Raja Priya – 2005(4) ALT 14 S.C. the petitioner is entitled to simple interest @ 7.5% p.a. Therefore, the Petitioner is entitled to simple interest @ 7.5% p.a., for the said awarded amount.
26.Now, it has to be decided who has to pay the said awarded amount to the Petitioners.
27.In this petition, it is the strong contention of R1 that the driver of crime vehicle was holding a proper driving license on the date of accident and the crime vehicle was duly insured with R2 company and hence R1 is not liable to pay compensation.
28.The petitioners examined Pw2 who is the driver of the crime vehicle and he clearly deposed that he was having driving license to drive the heavy goods vehicle on the date of accident. Of course the 2nd respondent is not denying the driving license of Pw2.
29.On the other hand, the 2nd respondent strongly contended that the deceased was a gratuitous passenger by the time of accident and hence R2 is not liable to pay compensation to the petitioners. The learned counsel for R2 has relied upon decisions reported in Oriental Insurance Company Limited vs. Devireddy Kondareddy and others reported in 2003 SCC 3. Wherein the Hon'ble Apex court observed that:
“Carrying of passengers in a goods carriage is not comtemplated in
the Act. There is no provision similar to clause(ii) of the proviso appended
to Sec.95 of the old Act prescribing requirement of insurance policy. Even S.
147 of the Act mandates compulsory coverage against death of or bodily
injury to any passenger of public service vehicle. The proviso makes it
further clear that compulsory coverage in respect of drivers and conductors
of public service vehicle and employees carried in goods vehicle would be
limited to liability under the Workmen's Compensation Act, 1923. There is
9 no reference to any passenger in goods carriage”.
“The inevitable conclusion, therefore, is that provisions of the Act do
not enjoin any statutory liability on the owner of a vehicle to get his vehicle
insured for any passenger traveling in a goods carriage and the insurer
would have no liability therefor.”
He also relied upon decision reported in M. Mohan vs. S. Venkata Rama Rao and another reported in 2012(6) ALT 369. Wherein Justice C. Praveen Kumar observed that:
“Therefore, by no stretch of imagination, it can be said that the
provisions of Motor Vehicles Act more so Sec.147 of the Act can be invoked to
hold that the claimant was the owner of the goods and that he hired the
vehicle for the purpose of transporting the foods. From the facts and
circumstances of the case, the inevitable conclusion would be that the
claimant was travelling in the said vehicle as gratuitous passenger and the
insurer is not liable to pay any compensation.”
30.On the other hand, the learned counsel for petitioners vehemently argued that the passengers travelling along with their goods on a vehicle, they cannot be treated as gratuitous passengers. He has relied upon decisions reported in Ramesh Kumar vs. National Insurance company reported in 2001 ACJ 1565 (SC) wherein the Hon'ble Supreme Court of India observed that:
“If a passenger is travelling along with his goods on the vehicle then
he cannot be termed to be a gratuitous passenger.”
He also relied upon decisions reported in Sanjeev Guptha and others vs. Ram pal and others reported in 2011 ACJ 2397 wherein the Hon'ble High Court of Allahabad observed that:
“Certain small shop keepers were travelling in the truck on the
fateful day along with their goods and in such circumstances they cannot
be termed to be gratuitous passengers, but in fact they were bonafide
passengers travelling along with their goods.”
31.In the case on hand, it is the strong contention of the petitioners that the deceased along with his wife and his daughter started from Chilakluripet to go to Vijayawada with an intention to shift their family to Yanamalakuduru along with their luggage i.e., household articles and boarded the crime vehicle lorry by paying Rs.700/ towards transportation charged for the said luggage and later the said crime vehicle met with an accident and in the said accident the deceased died. Therefore, as per the above decisions of law, it is clear that the passengers travelling in goods vehicle along with their goods are the bonafide passengers and they cannot be termed as gratuitous passengers. Therefore, this could held that the decisions relied by the petitioners are squaringly applicable to the facts of the present case and the decisions relied by R2 are not applicable to the facts of the present case.
32.Of course R2 examined Rws 1 and 2, Rw1 is the Development Officer of R2 company, Rw2 is the Senior Assistant in RTA office, Ongole and 10
Exs.B1 and B2 were marked. The evidence of Rw1 is that the deceased was a gratuitous passenger by the time of accident. Of course this fact is already settled by this court that the deceased was not a gratuitous passenger by relying upon decisions submitted by the learned counsel for petitioners. R2 also examined Rw2 who is the Senior Assistant in RTA, Ongole and he deposed that if anybody travels in the open carriage of the vehicle is an offence. Ex.X2 is the RC particulars and X3 is the permit marked through Rw2. Of course the evidence of Rw2 cannot be taken into consideration in view of the decisions relied by petitioners as mentioned supra.
33.Therefore, the oral evidence of Pws 1 and 2 coupled with the documentary evidence of Exs.A1 to A7 and Exs.X1 to X3. It is clear that the accident took place on 662010 at about 10:00 pm and during the said accident the deceased sustained grievous injuries and later died. Though the respondents 1 and 2 tried to avoid the liability to pay compensation by examining Rws 1 and 2, but their evidence is not sufficient to rebut the evidence of petitioners. Since the 2nd respondent is not denying the driving license of the driver of the crime vehicle and also not denying the policy of the crime vehicle. Therefore, certainly the respondents 1 to 3 are jointly liable to pay compensation to the petitioners as awarded by this court and accordingly this issued is answered.
34.ISSUE3: In the result, the petition is allowed, in part, with proportionate costs by granting the following reliefs:
1. The Petitioners 1 to 3 are entitled for the total compensation of Rs. 3,62,000/(Rupees Three lakh sixty two thousand only) equally;
2. The Petitioners are entitled for the interest at the rate of 7.5% per annum on the amount awarded from the date of the petition till the date of deposit;
3. The Respondents 1 to 3 are directed to deposit the said amount within 30 days from the date of this order;
4. On making such deposit the Petitioners 1 to 3 are entitled to withdraw an amount of Rs.50,000/ each at first instance and the rest of the awarded amount shall be deposited in any nationalized bank for a period of 3 years or until further orders;
5. The rest of the claim is dismissed without costs;
6. Advocate fee is fixed at Rs.2,000/;
7. The award is subjected to any compensation already awarded u/s.140 of M.V.Act and subjected to payment of deficit court fee if any payable;
8. The Petitioners are not entitled for any interest for the period where the petition was dismissed for default and till it was restored, if any.
Dictated to the Personal Assistant, transcribed by her, corrected and
pronounced by me in Open court, this the 3rd day of April, 2013.
CHAIRMAN
MOTOR VEHICLES ACCIDENTS CLAIMS
TRIBUNALcum VI ADDL.DISTRICT JUDGE
(F.T.C), GUNTUR.
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Appendix of Evidence:
Witnesses examined:
For Petitioners:For Respondents:
Pw1 Yarramsetty Lakshmi Rw1: Mekala Ramireddy Pw2 – Sambaiah Rw2: K. Vijaya Kumar
Exhibits Marked
For Petitioners:
Ex.A.1/ : Certified copy of F.I.R in Cr.No.94/2010 of Mangalagiri Rural P.S. Ex.A.2/ : Certified copy of charge sheet Ex.A.3/ : Certified copy Inquest report Ex.A.4/ : Certified copy PM report Ex.A.5/ : Certified copy of MVI report Ex.A.6/ : Eenaadu paper cuttings (2) Ex.A.7/ : Original ration card
Ex.X.1/ : Authorization letter Ex.X.2/ : Attested copy of RC particulars Ex.X.3/ : Attested copy of permit
For Respondents:
Ex.B.1/ : Attested copy of Policy Ex.B2/ : Attested copy of permit
CHAIRMAN
MOTOR VEHICLES ACCIDENTS CLAIMS
TRIBUNALcum VI ADDL.DISTRICT JUDGE
(F.T.C), GUNTUR.