Anukus Khan v. B.Srinivas
ÐÏࡱá>þÿ .0þÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ ð¿;bjbjUU %(7|7|ÿÿÿÿÿÿlppp z†††š¶¶¶8îúšdø"<<<<<<ãåååååå$\ |f †<<<<< p††<<ppp<†<†<ãp<ãpp {††Ç<‚G̚К¶H¬"Ç40d›,âô| âÇpšš††††ÙHONOURABLE DR.JUSTICE B.SIVA SANKARA RAO CMA No.497 OF 2004 JUDGMENT: The appellants are no other than the claimants 1 and 2 - parents of the deceased - Ishrath Sulthana, aged about 19 years, a married woman with third respondent about 15 days prior to the accident dated 16.6.2002, as succumbed to the injuries while undergoing treatment on 19.06.2002, particularly due to head injury as per Ex.A.
7 - Medical certificate, despite treatment provided for three days by the claimants under Ex.A.5 medical bills incurring about Rs.23,111/- and that they claimed compensation of Rs.2,51,500/- in the claim petition filed under Section 166 of the Motor Vehicles Act in O.P.No.662 of 2002 by showing owner of the Auto bearing No.AP-13-W-4438 and the insurer as respondents 1 and 2; since the Tribunal awarded the claim only under no fault liability of Rs.50,000/- and under Ex.A.5 medical bills a sum of Rs.23,111/-, and an additional sum of Rs.5,000/- by rounding upto Rs.83,500/- with interest at 9% per annum. Impugning the copensation as utterly low and unjust, the present appeal is filed. The contentions in the grounds of appeal are that the Tribunal gravely erred in not awarding the just compensation and there is no basis for awarding Rs.
50,000/- under no fault liability, hence to allow the appeal as prayed for before the Tribunal for Rs.2,51,500/-. 2. Among the respondents 1 to 3, it was endorsed that the third respondenthusband of the deceased is not a necessary party. The second respondent - insurer is only contesting. The 1st respondent (Auto owner) was not served and as represented as not pressing against 1st respondent and non-impleadment not fatal since they remained ex parte before the Tribunal and the same is recorded with reference to the expression in Meka Chakra Rao v Yelubandi Babu Rao. 3.
The learned counsel for the insurer-second respondent contended that the award of the Tribunal holds good and for this Court while sitting in appeal there is nothing to interfere but for no cross-objections to reduce for the parents of the deceased no way be considered as dependants having performed the marriage with third respondent and if at all aggrieved by award, it is only the third respondent can maintain the appeal and thereby prayed to dismiss the appeal. 4. Heard. Perused the material on record. The parties hereinafter referred to as they are arrayed before the Tribunal for the sake of convenience. 5. Now, the points that arise for consideration are: Whether the award of the Tribunal granting compensation of Rs.
83,500/- have gravely erred in fixing the joint liability on the insurer or otherwise quantum of compensation is excessive, if so with what observations? To what result? 6. Point No.1: Regarding the manner of accident, it is proved from the evidence on record covered by that of PWs 1 to 4 with reference to Exs.A.1 to A.8 of which Ex.A.1- FIR, Ex.A.6 - charge sheet, Ex.A.3 - Post mortem report, Ex.A.4 - M.V.I. report, Ex.A.2 - inquest report that the accident was the result of rash and negligent driving of the driver of the auto of the first respondent insured with second respondent covered by Ex.B.1 policy.
Admittedly regarding the manner of accident, it is the evidence on record in support of the pleadings that at Indaram near Godavarikhani, the crime auto of 1st respondent (insured with 2nd respondent) while overtaking the tipper proceeding in same direction, dashed against the auto No.AP-1-U-4582 wherein the deceased, her husband (R.3) and PW.4 and elder brother of the deceased were proceeding and the deceased sustained fatal injuries and she was succumbed thereto within three days after the accident while undergoing treatment. The claim of the petitioners/parents is that they are the main dependants on the deceased even they performed the marriage with R.3 to the deceased 15 days before the accident. In fact R.3 was also impleaded as a party to the claim petition.
Once that is the case the Tribunal ought to have been considered the claim under Section 166 of the M.V.Act and apportion the compensation between the claimants - parents along with R.3 and not to fix only no fault liability of Rs.50,000/- besides medical expenses incurred. Thus, said award of the Tribunal is unsustainable. Though it is the contention of the second respondent-insurer to the appeal that for no appeal by R.3 husband of the deceased the claimants cannot maintain the appeal. Said contention is untenable as merely because marriage of the deceased with R.3 performed, the claimants being the parents that too hardly 15 days prior to the accident they cannot be called as not sufferers, though cannot be construed as dependants. Therefrom the claim of Rs.2,51,500/- is no way excessive to say Rs.
83,500/- what the Tribunal awarded is utterly low, thus accordingly enhanced and rounded to Rs.2,52,000/- to apposition to the claimants and third respondent equally to be entitled at Rs.84,000/- each with proportionate interest at 7.5% per annum from the date of claim petition till date of realization. Accordingly, point No.1 is answered. Point No.2: 7. In the result, the appeal is partly allowed by enhancing the compensation from Rs.83,500/- awarded by the Tribunal to Rs.2,51,500/- rounded to Rs.2,52,000/- by apportioning to the claimants and third respondent equally with proportionate interest thereon at 7.5% per annum from date of claim petition till realization. The two claimants are entitled to their share each of Rs.84,000/- with proportionate interest to withdraw. The amount of Rs.
84,000/- with interest of third respondent shall be kept in fixed deposit for five years and if third respondent failed to come and claim for the said amount, the claimants are to be permitted after five years to withdraw subject to undertaking to make good to the third respondent for his amount. In other respects the Tribunal award holds good. There is no order as to costs. 8. Miscellaneous petitions pending, if any shall stand closed. _________________________ Dr.B.SIVA SANKARA RAO,J Date: 6th March, 2015 PNV 2001(1) ALT 495 DB PAGE PAGE 3 )FG ` b © ú ̧Ä9;%×öø !"()*,-34567;ùñìæìæìÞìÖÈÖì¿ìæìæì¿ìù·ù ̄ ̈¡ž¡ž¡ž¡-¡ž0JmHnHu0J j0JU j0JU5CJOJQJ5H*OJQJ5>*OJQJ\j0J5OJQJU\5OJQJ\6OJQJ]H*OJQJOJQJ5>*OJQJ5OJQJ))<=GHP Q !
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