Telangana High Court
Ryakala Ramaiah Died And 3 Ors vs G.Ramesh And Anr on 13 February, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A. No.2009 OF 2007
JUDGMENT:
1. Appellants-claimants who are the wife and children of the deceased filed this appeal against the Order and Decree dated 03.04.2007 in O.P.No.340 of 2005 on the file of the Motor Accident Claims Tribunal-Cum-I Additional District Judge, Mahboobnagar, where under the Tribunal granted an amount of Rs.6,80,00/- towards compensation along with interest @ 7.5% per annum as against the claim of Rs.15,00,000/- on account of the death of the deceased in the motor vehicle accident occurred on 18.02.2005.
2. The manner of accident and the death of the deceased on the spot who is the husband and father of the appellants herein is not disputed and the appellants challenged the impugned award only on the quantum of compensation awarded by the Tribunal. Therefore, this Court is not inclined to go into other details other than the quantum of compensation.
3. Heard the learned counsel for the appellants and the learned counsel for the 2nd respondent-Insurance Company.
4. The deceased was working as Police constable at the time of his death and was aged about 36 years. He was drawing gross salary of Rs.7,114/-. The death occurred on account of accident on 2 18.02.2005 while he was attending his duties at check post near Raikal along with his colleague. The deceased was passing urine by the left side of the road, a lorry from Jadcherla with a load of iron rods came in a rash and negligent manner with a high speed and ran over the deceased resulting in his death.
5. The Tribunal at paragraph No.18 of the judgment reduced 25% of the compensation granted on the ground of contributory negligence. In the evidence of the witnesses and discussion of the Tribunal, it is not mentioned that the petitioner was standing on the road when the accident had taken place. At para No.14, the Tribunal assumed that the deceased was not standing on the edge of the road and was standing 2 feet inside the road, since the dead body was found on the road and lorry driver would have suddenly spotted the deceased and failed to save the deceased for the reason of not being at a safer distance. The said findings were made without proof and on the basis of assumption contrary to facts and circumstances of the accident. It is the case of the witnesses that the deceased was not standing on the road and there are no logical conclusions by the Tribunal to state that the deceased was standing 2 feet inside the road.
6. In the said circumstances, the findings of the Tribunal regarding contributory negligence and reduction of 25% of the 3 compensation is hereby set aside. As such, the appellants are entitled for total compensation of Rs.9,18,132/- instead of Rs.6,80,00/- without reducing 25% towards contributory negligence.
7. Accordingly, the Motor Accident Civil Miscellaneous Appeal is partly allowed. The difference amount of Rs.2,38,132/-shall carry interest @ 7.5% per annum from the date of petition till the date of realization. Except the above enhancement, the award of the Tribunal shall remain same on all other aspects. There shall be no costs.
8. Miscellaneous petitions pending, if any, shall stand closed. No costs.
__________________ K.SURENDER, J Date : 13.02.2024 dv