Professional Documents
Culture Documents
Mvop Judgement
Mvop Judgement
Mvop Judgement
M.V.O.P. No.12/2019
Between :
1) Chutta Chinna S/o. C. Pedda Pullana, aged about 50 years, Hindu (Died)
2) Chutta Gangamma W/o. C. Chinnanna, aged about 48 years, Hindu
3) Chutta Jayalakshmi D/o. C. Chinnanna, aged about 26 years, Hindu
Physically disabled, unmarried.
4) Chutta Nagaraju S/o. C. Chinnanna, aged about 19 years, Hindu.
And
1. The petitioners being legal heirs of deceased Chutta Ganga Siva filed
this petition under sections 140 and 166 of A.P. Motor Vehicles Act, 1988 and
respondents.
2
Ganga Siva was quite hale and healthy on the date of accident and he is the
son of the Petitioner Nos.1 and 2, brother of Petitioner Nos.3 and 4. The 1 st
10.09.2018 on the evening hours the deceased along with the villager by
name Narendra were loaded their tomato baskets in the vehicle bearing
selling and both were sat in the Cabin of the said vehicle. Then on the same
day, at about 8:20 PM the said vehicle to reach near the ESSAR Petrol Bunk,
Kallur Village on Hyderabad to Bangalore N.H.44 road, in the mean time, the
said vehicle was punctured and its driver drove it slow manner for stopping,
while at the same time the Trailer and Tanker bearing No.AP-15-Y-5403
came from back side in a rash and negligent manner and dashed against
the said vehicle. As a result of which both were fell down from the said
vehicle cabin, but the deceased Ganga Siva fell down under the tyre of
offending vehicle and the said vehicle dragged to some distance on the road.
legs and body and another person Narendra also received simple injuries.
Then immediately the deceased was shifted to PHC, Pamidi for medical
treatment in another vehicle. Where the deceased died while under going
treatment. Then on the intimation given by the said hospital authorities, the
Garladinne Police went there and shifted the dead body to the Government
General Hospital, Ananthapuramu, where the said police held inquest and
duty doctor conducted autopsy of the deceased dead body. Due to the
sudden demise of the deceased, the petitioners has lost their love and
affection and also only son. Now the petitioners are suffering a lot day to day
3. The 1st and 3rd respondents were remained exparte. Whereas the 2 nd
respondent Insurance Company filed the counter denying all the allegations
mentioned in the petition and further averred that Respondent No.3 did not
possess any requisite driving skills and requisite driving license to drive the
by the concerned driver as the vehicle is a tanker which comes under special
pay any compensation to the petitioners. There was no rash and negligent
driving on the part of the R-3 in causing the accident. As such the 2 nd
respondent is not liable to pay any compensation. As seen from the records
and also basing on the facts, the entire rash and negligence was on the part
which the deceased was travelling at the time of accident and due to the
rash and negligence driving of the driver of the said Mahindra Max, the
deceased fell down from the said vehicle and died in the accident and as
such there is no rash and negligent driving on the part of the driver of the
above said tanker. As such R-2 is not liable to pay any compensation. It is
also further averred in the counter that the petitioners with the active
managing the concerned police officials and as such R-2 is not liable to pay
any compensation and all the legal plea which are available to the Insurance
Company i.e., R-2 were also taken in the counter filed by R-2. The petition is
bad for non-joinder of all necessary parties i.e., owner, driver and the Insurer
of the other vehicle involved in the accident i.e., Mahindra Max and finally
4. Basing on the above pleadings, the following issues are settled for
trial :
4
marked.
examined as PW.1 and filed her affidavit in chief reiterating the petition
averments, through her Exs.A-1 to A-5 documents are marked. While coming
to the cross-examination she deposed that she is not the eye witness to the
accident. She did not file any income proof of the deceased. She deposed
that she did not implead the owner, insurer and the driver of the van bearing
the negligence is on the part of the driver of van, but not on Respondent
8. PW.2 G. Raghu, who is said to be the eye witness filed his affidavit in
loaded tomato baskets in the said Van of his villagers by name C. Ganga Siva
unloading. After loaded their tomato baskets, the said two persons were sat
in the cabin of the van by his side. While on the same day while they were
proceeding on the mid way at about 8:20 PM the said vehicle near to reach
5
way road, in the mean time his van was punctured and he was driving the
vehicle in a slow manner, at that time one Trailer vehicle bearing No.AP-15-
Y-5043 came from back side in a rash and negligent manner without dim and
dip lights and dashed against his van on its back side. As a result of which
his van side door opened and turtle. Due to the said two persons were fell
down on the road from the cabin. Due to that the Ganga Siva fell down under
the tyre of trailer and the said vehicle dragged him to some distance. Due to
that impact C. Ganga Siva had received grievous injuries on his head, legs
and all over the body and another person has received simple injuries. While
his village. He did not gave any report to the police. The father of the
deceased gave complaint to the police, but he was not present at the time of
accident. The father of the deceased was not present at the time of
accident. His owner is one Ramesh and he is belongs to his village. At the
time of accident he is driving the Van. He is working as a driver for the last
license on the day when he gave evidence. He denied the suggestion that
without giving any signals and indicators suddenly he turned into left side,
thereby it is his negligence. The crime vehicle dashed on the back side of his
vehicle. The crime vehicle came on his back side. At the time of accident, the
deceased was in the Cabin. He denied the suggestion that as because the
deceased did not sit properly in the cabin, and when he suddenly turned the
van, he fallen on the road, thereby the injuries are occurred because of his
suggestions.
9. RW.1 J.L. Siva Narayana, who is working as Legal Officer for the 2 nd
respondent company filed his affidavit in chief through him Ex.B-1 copy of
6
they obtained all the vehicle records through their investigator. But he did
not file the investigator report before this Court. He admitted that the injured
packaged policy which covers third party risk also. He denied the suggestion
that the driver of the offending vehicle had valid driving licence. He denied
the suggestion that as there are no violations in Ex.B-1 policy, thereby the
charge sheet is filed against the 3 rd respondent being the offending vehicle.
10. The counsel for the 2nd respondent submitted that there is no caution
indication given by the front vehicle i.e, Mahindra Max bearing No.AP-02-TA-
0990, which is negligence on the part of the said driver and he without giving
any indication suddenly slow the vehicle, on that this accident took place.
The counsel for the 2nd respondent submitted that the charge sheet filed by
2004 (3) ALD (NOC) 313 in between APSRTC Vs. D. Sasikala and
A.P at Hyderabad that “merely because the police filed charge sheeted
charge sheet are true. It is also observed by their lordships that in all the
motor accident cases, panchanama and sketch of the scene of accident are
very important as they would show where actually the accident occurred and
counsel for the 2nd respondent submitted that in this case except filing of
mahazar and photos are not filed by the petitioner and they were not
prepared by the police. He argued that the above two Judgments are
11. It is also submitted by the counsel for the 2 nd respondent that the
aspects, I will discuss at the relevant point of time. I have gone through Ex.
A-1, in which it is clear that while they are going on suddenly the Mahindra
travelling were punctured while the driver of the said Mahindra Max bearing
No.AP-15-Y.5043 came in a rash and negligent manner with high speed and
took place. The counsel for the 2nd respondent submitted a Judgment in
between Sushila Bai and others Vs. Kunwar Singh and others
reported in 2006 ACJ 1435 Madhya Pradesh High Court, hitting from
behind was discussed in the said Judgment. In that case the deceased was
reached near the water-head tank, his scooter was overtaken by a dumper
indication of the brake lights or any other signs suddenly it was stopped in
the middle of the road. Due to this negligent act of the driver of truck, who
was riding scooter behind the dumper truck rammed into the truck from
back side, thereby the accident took place . In our case also Mahindra Max
without giving any indications. So the facts which are in the above Judgment
are quietly applicable to the facts of the present case on hand. There is a
8
No.AP-02-TA-0990 also.
and getting Rs.10,000/- per month, but no income proof is filed by the
between Meena and others Vs. Rani Ammal and Another. He has
submitted a Judgment that in that case the bachelor died fixed sum of
counsel for the 2nd respondent submitted that even if the Hon’ble Court come
to a conclusion that there is a negligence on the part of the driver of the van
also, only as per the Judgment the tribunal has to grant compensation up to
Rs.5,00,000/- only.
13. But the counsel for the petitioner submitted a Judgment reported in
2018 (4) T.A.C. 345 (S.C) in between Magma General Insurance Co.
Ltd., Vs. Nanu Ram Alias Chuhru Ram and others, it is held that it is a
labour. But here in our case the deceased is not a skill labour. Thereby the
notional income is taken into Rs.5,000/- per month. The multiplier that can
funeral expenses.
9
attached to the driver and owner of the Mahindra Max bearing No.AP-02-TA-
0990, they were not added as parties in this petition, if they were added as
parties, the 50 per cent of the compensation might have been awarded
against them also. As they were not added as parties and in view of the
liable to pay the compensation as 50 per cent i.e., Rs.5,52,500/-. Thus the
1) The Respondent No.1 to 3 are jointly and severally liable to pay the
awarded amount of Rs.5,52,500/- to the petitioners.
5) The Petitioner Nos.3 and 4, who are elder sister and younger
brother of the deceased are entitled for Rs.1,25,000/- each in the
Awarded compensation amount. On deposit of the said amount, the
petitioners are permitted to with draw their entire share amount.
7) The petitioners are not entitled for any interest for a period where
the petition was dismissed for default and till it was restored, if any.
CHAIRMAN,
MACT-CUM-VI ADDL. DISTRICT0
GOOTY.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED FOR
Petitioners Respondents
PW.1 C. Gangamma. RW.1: J.L. Siva Narayana.
PW.2 C. Raghu.
CHAIRMAN
MACT-cum-VI ADJ,
GOOTY.