THE HON'BLE SRI JUSTICE P.SAM KOSHY
AND
THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
M.A.C.M.A.No.207 of 2020
JUDGMENT:(per Hon'ble Sri Justice P.SAM KOSHY)
The present is an appeal preferred by the Telangana Road
Transport Corporation (for short 'the TSRTC'), assailing the order dated
24.04.2019 passed by XXVII Additional Chief Judge, City Civil Court,
Secunderabad in M.V.O.P.No.107 of 2018.
2. The challenge in the present appeal is to the aforesaid award so far
as the compensation of Rs.44,14,566/- awarded by the Tribunal with
7.5% rate of interest per annum from the date of application.
3. Primarily, there have been two grounds raised by the learned
counsel for the appellant, one is that the Tribunal below has failed to
appreciate the fact that there was an element of negligence on the part of
the Auto Rickshaw in which the appellant was traveling and that it was
because of the negligent driving on the part of the Auto driver who was
trying to overtake the bus when the accident occurred, therefore, he
should also have been made as the party respondent.
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4. The second ground raised by the learned counsel for the appellant is that the income of the deceased assessed by the Tribunal is also higher. Moreover, the fact that the Auto Rickshaw was infact responsible for accident, the liability of payment of compensation should had been accordingly proportioned. Having not done so, the appeal has been filed calling for an appropriate order in this regard.
5. However, perusal of record would show that the appellants have not led any evidence before the Tribunal nor have taken any steps for impleadment of the driver and the insurance company of the Auto Rickshaw as a necessary party to the proceedings that was going on in the Tribunal.
6. Another ground that the appellant raised was that there was an inordinate delay on the part of the appellant in approaching the Tribunal in as much as the accident took place in the year 2012 and the claim application was filed in the year 2017 and the said application was numbered in the year 2018.
7. This contention of the appellant also does not find force for the simple reason that as a result of the accident, the appellant received grievous head injuries, resulting in him being declared as person with 3 unsound mind and he has been living in a vegetative state all along. Therefore, it was the claim application was being prosecuted by his wife. Given the health condition of the appellant, the delay on the part of the claimants in filing the claim application cannot be found to be fatal or detrimental in any manner.
8. Given the aforesaid facts and circumstances, we do not find any strong case made out calling for an interference with the impugned award, the appeal thus fails and is accordingly rejected.
9. As a sequel, miscellaneous petitions pending if any, shall stand closed.
_________________ P.SAM KOSHY, J _________________________________ LAXMI NARAYANA ALISHETTY, J 13.10.2023 Aqs 4 THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY M.A.C.M.A.No.207 of 2020 (per the Hon'ble Sri Justice P.SAM KOSHY) 13.10.2023 Aqs