The High Court · 2025

1. Kallem Srilatha, W/O Late Krishna Reddy, Aged. 42years, Occ. Household. 2. K. Parameshwar Reddy, S/o Late Krishna Reddy, Aged. 23 years, Occ. Student.

3. K. Sindhu, D/o Late Krishna Reddy, Aged. 21 yearc, Occ. Student. 4. K. Harshitha, D/o Late Krishna Reddy, Aged. 19 years, Occ. Student. 5. Kallem Papireddy, (DIED ON 21.06.2018) LRs of Petitioner Nos. 1 to 4 and 6 herein.

6. Kallem Yadamma, W/o Late Papireddy, Aged. 70 years, Occ. Household. All are Rl/O H.No. 5-76, Kohedi Vi{lage, Hayathnagar Mandal, R.R. District LR petition in lA No. 23112022 is allowed on O7.03.2022. 7 Samma Prabhakar Reddy, S/o Madhava Reddy, Aged about Major' Occ. Business (Owner of crime Vehicle) HGV lorry (Ashok Leyland No. AP-24-Y- 4158) RyO H.No. 4-12-19, Bagyalatha, Arunodaya Nagar, Road No. 3, Vanasthilipuram, Hyderabad - 500 070

8. Jangam Krishna Reddy, Sio Late Bal Reddy, Aged ac rut 56 years, Occ. Driver, Rl/O 11-13-9811311, P No.29-A2, Road No. 13, O een Hills Colony, R K Puram, Saroornagar Hyderabad - 500 035 ...RESPONDEN' S/RESPONDENTS Counsel for the Appellant: Ms. I Mammu Vani Counsel forthe Respondents: None Appeared The Court delivered the following: JUDGMENT THE HON'BLE SRI JUSTICI SUDDALA CHALAPATHI RAO M.A.C.M.A.No.55 1 of2022 JUDGMENT: The present appeal is frled by the appellant-lnsurance Company, challenging the order and decree dated 01'04'2022 in M.V.O.P.No.277 of 2017, passed by the learned Chairman' Motor Vehicle Accident Claims Tribunal-cum-Il-Additional District Judge' Ranga Reddy District at L'B'Nagar (for short'the TribunalJ '

2. Heard Ms.l-Mammu Vani, learned counsel for appellant/Insurance ComPanY' None aPpears for respondents / claimants ' T'he brief lacts of the case are that on 2l 'O2 '2017 ' at about 3. 4.30 A.M, the deceased-Kaltem Krishna Reddy was proceeding on his motorcycle bearing No TS-OB-EM-2255 and when he reached near Shan iN ikethan School at Munoganoor Village ' respondent No'8 1S the driver of iorry bearing No'AP-24-Y-4158 (hereinafter referred to as "Crime Vehicle") negligently and without due cau[ton, applied brakes suddenly, due to rvhich the deceased-Kallem Krishna Reddy, who was foltowing the Crime Vehicle at a reasonable distance, could not control his motorcycle' resulting in a collision u,ith the Crime Vehicte and sustained grievous head injury rvhich led to his immediate death on Lhe spot' Thereupon' a case in Crime 2 No. 152 of 2OlZ of p.S.Hayathnagar was registere J under Section 304-A IpC for the offence

4. The respondent Nos. I to 6/claimants have fil: of 2Ol7 before the Tribunal claiming c( ); Rs.60,O0,000/- for the death of deceased_Kallem The Tribunal, after conducting clue enquiry and a evidence on record categorica-lly held that the accid<r to rash and negligent driving of the driver of the cr.i awarded compensation of Rs.4 i,65,O00/_ under vario. I N,IVOP No.2ZZ epensation of (rishna Reddy. rpreciating the t occurred due ne vehicle and rs heads.

5. Aggrieved by the said order- and decree, he appellant_ Insurance company has preferr.ed an appeal before t r s court on the ground that on the date of accident, respondent No.€ herein who is driver of the Crime Vehicle did not possess any vali< Criving license nor the crime vehicie is validly insurcd rvith the appetl rnt/Insurance Company and that the monthty income of the decease I was wrongl5, taken as Rs.25,000/- without there being an.y evidence 6. This Court has heard [he learned counsel for lppellalt and perused the record

7. As seen from the record, during the course ol t nquiry before the Tribunal, the appellant Insurance Company faile c to rebut the contention regarding the possession of valicl driving lcense by the driver of the crime vehicle and the said vehicle u i. s not validly 3 insured with the appellant/ Insurance company, by producing any oral or documentary evidence Thus, appellant/Insurance Company cannot avoid its liability to pay compensation, without there being any contra evidence to disprove the case of the claimants' The burden of proving such a breach lies on the appellant/Insurance Company and it must prove with conclusive evidence' In so far as, the other contention that the Tribunal has 8. committed an error in taking monthly salar5r of the deceased as Rs.25,0OO/-, upon verification of Ex'A8 i'e', Income Tax returns of the deceased for the years 2014-15 to 2016-17, the Tribunal has rightly held that the deceased was drawing a salary of Rs'25'OO0/- per month and hence the saici contention of the learned counsel for appellant/ lnsurance Company is also untenable and rejected' Thus, this Court finds that the Tribunal has properly L appreciated the evidence of PW- I to PW-3 and Ex'Al to Ex'A10 on behalf of respondents-claimants' There is no material to dispute the claim of the respondents-claimants and also there is no materia'l placed by appellant-lnsurancc Company to controvert or reverse the well considered findings of the Tribunal' In my considered view' the appeal is devoid ol merits and is tiable to be dismissed' 4

10. In view of the abovc findings, the Appeal i ; dismissed by confirming the avre,rd and decree dated I I .O4.2O22 in M.V.O.P.No.277 of 2OlZ . Ther-e shall t-.e no order a s o cosrs. As a sequel there to, miscellanccrrs petitions 1 <:ncling, if any, shall stands closed. 7 Sd/. N. JAWAHAR REDDY ASSI( TANT REGISTRAR f.. \ '--._-_--,. //TRUE COPY// iEcnol oFFtcER To, t llg plqirman, Motor VehicreAccident oaims Tribunar-cu n-il Additionar District Judge, Ranga Reddy oistriciii aB N;i", 2. One CC to Ms. l. Mammu Vani Advocate tOpUCl 3. Two CD Copies KVR I-. /. 1 i1HhD ( o I s ]Ht ?[2t .>s I *, HIGH COURT scR, J PATED: 1910912025 JUDGMENT+DECREE MACMA.No.551 ot 2022 DISMISSED WITHOUT COSTS 6 v \ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRt JUSTICE SUDDALA CHALAPATHI RAO MOTOR ACCIDENT CIVIL MISCELLANEOU S APPEAL NO: 551 OF 2022 Between: M/s National lnsurance Company Limited, Rep at 11-15111 , Main Road, New Gaddiannaram 060 D its Branch Manager, Office ilsukhagar, Hyderabad-500 ...PETITIONER/RESPONDENT No. 2 AND 1 . Kallem Srilatha, WO Late Krishna Reddy, Aged. 42 years, Occ. Household. 2. K. Parameshwar Reddy, S/o Late Krishna Reddy, Aged. 23 years, Occ. Student.

3. K. Sindhu, Dio Late Krishna Reddy, Aged. 21 years, Occ. Student. 4. K. Harshitha, D/o Late Krishna Reddy, Aged. 19 years, Occ. Student. 5. Kallem Papireddy. (DIED ON 21.06.2018) LRs of Petitioner Nos. 1 to 4 and 6 herein.

6. Kallem Yadamma, W/o Late Papireddy, Aged. 70 years, Occ. Household. All are Rl/O H.No. 5-76, Kohedi Village, Hayathnagar Mandal, R.R. Diskict LR petition in lA No. 23'll2o22 is allowed onO7.O3.2O22 7 Samma Prabhakar Reddy, S/o Madhava Reddy, Aged about Major, Occ. Business (Owner of crime Vehicle) HGV lorry (Ashok Leyland No. AP-24-Y- 4158) RyO H.No. 4-12-19, Bagyalatha, Arunodaya Nagar, Road No. 3, Vanasthilipuram, Hyderabad - 500 070 Jangam Krishna Reddy, S/o Late Bal Reddy, Aged about 56 years, Occ Driver, Rl/O 11-13-9811311, P No.29-42, Road No. 13, Green Hills Colony, R K Puram, Saroornagar Hyderabad - 500 035 8 ...RESPONOENTS/RESPONOE NTS Appeal filed under Section 173 of Motor Vehicles Act against order and decree dated. 01 .04.2022 passed in M.V.O.P. No.277 ot 2017 on the file of the Court of the Chairman, Motor Vehicle Accident Claims Tribur rl-cum-ll Additional District Judge, Ranga Reddy District at LB Nagar. This appeal coming on for hearing and upon peru; ng the grounds of appeal, the Judgment and Decree of the Court below and ttr( material papers in the case and upon hearing the arguments of Ms. l. Mamm I Vani, Advocate for the appellant and none appeared for Respondents. This Court doth Order and Decree as follows:

1. That the Motor Accident Civil Miscellaneous Appeal be and hereby is dismissed;

2. That save as aforesaid, the decree of the Tribunal shall s and confirmed in all other aspects; and

3. That there shall be no order as to costs in this appeal. Sd/. M. JAWAHAR REDDY ASSIS TANT REGISTRAR //TRUE COPY// e' IECTION OFFICER a\ To, 1 . The Chairman, Motor Vehicle Accident Claims Tribunal< t m-ll Additional District Judge, Ranga Reddy District at LB Nagar.

2. Two CD Copies KVR 4y HIGH COURT scR, J DATED: 1910912025 DECREE MACMA.No.SS1 ot 2022 DISMISSED WITHOUT COSTS