Telangana High Court
Manukala Naresh vs B.Muthanna And Another on 26 April, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A. No.3095 OF 2008
JUDGMENT:
This appeal is filed by the claimant being not satisfied with the compensation awarded by the learned Chairman, Motor Vehicle Accident Claims Tribunal-cum-I Additional District Judge, Adilabad (for short, 'the Tribunal') vide order, dated 29.10.2007 in O.P.No.86 of 2006.
2. Brief facts of the case are that the claimant who was working as Muneem (clerk) while proceeding in a company's Van bearing No.AP-1-T-282, the driver of the van drove the vehicle in a rash and negligent manner at high speed and lost control over vehicle and the vehicle turned turtle, as a result of which, claimant received multiple injuries all over his body.
3. The manner in which the accident had taken place and the injuries received by the claimant are not disputed by either of the parties.
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4. The Tribunal found that the vehicle is a goods vehicle, therefore the claimant being Muneem(clerk) in the company is an unauthorized passenger.
5. Learned counsel appearing for the claimant would submit that the policy is a comprehensive policy and the claimant who was the Muneem(clerk) in the company, was travelling along with the goods, hence, the Tribunal ought to have granted compensation.
6. On the other hand, learned counsel appearing for the Insurance company has relied on the judgment of this Court in M.A.C.M.A.No.1490 of 2009, dated 19.06.2023. In the said decision, this Court had set aside the compensation that was granted towards gratuitous passenger.
7. The said finding of this Court is not in dispute, however the claimant cannot be treated as unauthorized or gratuitous passenger, for the reason, being an employee in the company, was travelling along with the goods.
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8. The claimant received one grievous injury and three simple injuries. In view of the same, this Court deems it appropriate to enhance the compensation as under:
Sl. Amount awarded by
Head
No. this Court
1. One grievous injury 30,000-00
2. Three simple injuries 30,000-00
(Rs.10,000/- each)
3. Treatment expenditure, 30,000-00
transportation charges, extra
nourishment.
Total compensation 90,000-00
awarded
9. In the result, the appeal is allowed enhancing the compensation amount awarded by the Tribunal from Rs.10,000/- to Rs.90,000/-. The enhanced amount shall be deposited by the respondent Nos.1 and 2 jointly and severally within a period of six (6) weeks from the date of this judgment. The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization. On such deposit, claimant is permitted to withdraw the amount without furnishing any security. There shall be no order as to costs. 4
Miscellaneous applications, pending if any, shall stand closed.
______________ K.SURENDER Date:26.04.2024 ktm