DIVISIONAL MANAGER Vs. RAVINDRA GADABA

JUDGEMENT

(1.) Present appeal by the insurer, i.e. Oriental Insurance Co. Ltd. is directed against judgment dtd. 7/3/2020 passed by the learned M.A.C.T.-III, Malkangiri in M.A.C. Case No.19/2018, wherein compensation to the tune of Rs.9,44,800.00 has been granted along with interest @7% per annum to the claimants from the date of filing of the claim application, i.e. 5/11/2018 on account of death of the deceased, namely, Ratha Gadaba in the motor vehicular accident dtd. 11/10/2018.

(2.) Mr. Mahali, learned counsel for the Appellant-Insurance Company focused on contributory negligence on the part of the driver of the motorcycle, who is the deceased. He contends that since three persons were riding the motorcycle at the time of accident, contributory negligence is presumable on the driver as well as the pillion riders of the motorcycle for violation of Sec. 128 (1) of the M.V. Act. In support of his contention, Mr. Mahali relies on the decision of the Hyderabad High Court in the case of Cholamandalam M.S. General Insurance Company Limited vs. Mamidisetti Satish and others, (2015) 2 AnWR 44. In the said case, three persons while riding a scooter met with an accident against a Toyota Innova Car. The learned Single Judge of Hyderabad High Court by drawing presumption, attributed contributory negligence to the extent of 25% on the driver of the scooter as three persons were riding it.

(3.) In the case at hand, the fact remains that three persons were riding the motorcycle which met accident with one Tata Pick Up vehicle bearing Registration No.OD-30-B-6700 and in the accident all three riders of the motorcycle died.