THE HON’BLE SRI JUSTICE V.SURI APPA RAO Civil Miscellaneous Appeal No.3155 of 2003 Date: 16-12-2010 Between Kona Dharmamba Lakshmi @ Lakshmi and 2 others … Appellants/Petitioners and Pulavarthi Purushotham and 3 others … Respondents/Respondents THE HON’BLE SRI JUSTICE V.SURI APPA RAO Civil Miscellaneous Appeal No.3155 of 2003 Judgment: This appeal is filed against the award and decree dated 24-3-2003 in O.P.No.447 of 1998 passed by the Chairman, Motor Accidents Claims Tribunal cum II Additional District Judge, Eluru, West Godavari district. 2. The facts, in brief, are: On 07-6-1990 at about 9.45 a.m., one Kone Venkata Narasimha Murthy @ Venkata Narasimha Murthy (hereinafter referred to as ‘the deceased’) was standing on the left side of the Godavari bund road, the vehicle i.e., Mini Van bearing No.AHH-2021 driven by the 1st respondent in a rash and negligent manner and at high speed dashed against the deceased and ran over him, due to which the deceased died on the spot. The petitioners, who are the legal heirs of the deceased, claimed compensation of Rs.1,00,000/-. 3. The respondents 1 and 2, driver and owner of the vehicle, did not choose to file any counter. 4. The 3rd respondent-Oriental Insurance Company Limited contended that the claim of the petitioners is excessive and the vehicle involved in the accident was not insured with the 3rd respondent and therefore, the 3rd respondent is not liable to pay compensation. 5. The 4th respondent-National Insurance Company Limited also contended that the vehicle involved in the accident was not insured with the 4th respondent. 6. Considering the evidence of the petitioners as well as the respondents, the learned Chairman allowed the petition awarding compensation of Rs.1,00,000/- as prayed for against the respondents 1 and 2 i.e., driver and owner of the vehicle and dismissed the petition as against the respondents 3 and 4. 7. Aggrieved by the award and decree, the petitioners, who are the legal heirs of the deceased, filed this appeal. 8. Learned counsel for the appellants submitted that the learned Chairman ought to have awarded the compensation as against the respondents 3 and 4-Insurance Companies as per the report of the Motor Vehicles Inspector marked as Ex.A-2. 9. On the other hand, learned Standing Counsel for the 4th respondent-National Insurance Company Limited submitted that the vehicle involved in the accident was not insured with the respondents 3 and 4-Insurance Companies and therefore, the respondents 3 and 4 are not liable to pay the compensation. 10. The petitioners are only relying on Ex.A-2 Motor Vehicles Inspector’s Report claiming compensation against the respondents 3 and 4. The petitioners have not filed the copy of the policy said to have been issued by the respondents 3 and 4 to prove that by the date of accident the vehicle involved in the accident was insured and the policy was in force. 11. After considering the entire evidence on record, the learned Chairman awarded the compensation only against the driver and owner of the vehicle on the ground that the vehicle was not insured with the respondents 3 and 4 by the date of accident. In this appeal also, the appellants failed to prove that the vehicle was insured with the respondents 3 and 4 at the time of accident. Basing on Ex.A-2 Motor Vehicles Inspector’s Report, the respondents 3 and 4 cannot be held liable to pay compensation when the vehicle was not at all insured with the respondents 3 and 4 and the policy was not in force by the date of accident. The respondents 3 and 4 are, therefore, not liable to pay compensation awarded by the learned Chairman in the absence of existing policy by the date of accident. 12. The civil miscellaneous appeal is, therefore, dismissed. The award and decree passed by the learned Chairman are hereby confirmed. No costs. ____________________________ JUSTICE V.SURI APPA RAO 16th December, 2010. Ak THE HON’BLE SRI JUSTICE V.SURI APPA RAO Civil Miscellaneous Appeal No.3155 of 2003 (P.D. Judgment) 16th December, 2010. THE HON’BLE SRI JUSTICE V.SURI APPA RAO Civil Miscellaneous Appeal No.3155 of 2003 (P.D. Judgment) Circulated to Hon’ble Sri Justice V.Suri Appa Rao for perusal.