SMT. MANDA SUBBALAKSHMI & 3 OTHERS v. M/S SRI VENKATESWARA RICE MILL NO 1 ANOTHER

Counsel for the Appellant(S):

#1. NIMMAGADDA SATYANARAYANA Counsel for the Respondent(S):

#1. K MADHUSUDHAN REDDY

#2. . 3 THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1935/2012 JUDGMENT:

#1. The Motor Accident Civil Miscellaneous Appeal is filed by the Claimants against the Award passed by the Motor Accidents Claims Tribunal-cum-District Court, East Godavari District at Rajahmundry, dated 17.02.2011 in O.P.No.315 of 2009, assailing for the exoneration of the Insurance Company from its liability. I. CONTENTIONS:-

#2. The learned counsel for the Claimants submit that the offending Lorry fell on the Driver/deceased due to mechanical failure but the Tribunal erroneously exonerated the Insurance Company from its liability but directed the Owner of offending Lorry to pay compensation, finally sought to modify the Award by directing Insurance Company to pay at instance to pay Compensation and then recover the same from the Owner. Also submitted that the Claimants are four members and 1/3rd is deducted towards his personal and living expenses instead of 1/4th and prayed to consider the same.

#3. The learned counsel for the Insurance Company/ 2nd Respondent submits that the Driver himself drove the offending Lorry and caused the accident, the Police also filed the charge sheet against the deceased/Driver and prayed to 4 dismiss the appeal and relying on National Insurance Co. v. Prembai Patel and others1 and Dhanraj v. New India Assurance Co. Ltd. and Another2. II. BRIEF FACTS:-

#4. The case of the Claimants is that the Claimants are wife and children of Manda Haranadh Reddy/Deceased, that he was working as Lorry Driver/ATP 8289, he and the Lorry Cleaner started from Venkateswara Rice Mill of Anaparthi, near Donthamuru Village they have loaded paddy bags and were returning to Anaparthi, the steering of the Lorry was struck and lost control, the Lorry turned turtle and he died at the spot. The accident was not due to the negligence of the Driver/Deceased but due to the lack of proper maintenance by the 1st Respondent/Rice Mill. The Lorry is insured with the 2nd Respondent. III. FINDINGS:-

#5. There is no dispute after conclusion of the arguments on the accident involving the offending Lorry, death of Manda Haranadh Reddy and insuring with the 2nd Respondent. Thus, the points to be decided are whether 1/4 is to be deducted towards his personal and living expenses and whether the Insurance Company is also liable to pay compensation.