The single judge bench of the Andhra Pradesh High Court held that if the driver of the vehicle was not having an effective and valid driving license at the time of the accident, the insurance company must pay compensation to the claimant as the claimant is the victim of the happening, who must suffer the pain and mental agony throughout her life.
Brief facts
The factual matrix of the case is that the Petitioner boarded an auto and an auto being driven in a rash and negligent manner came from the front and hit the auto in which Petitioner was traveling. Due to this, the Petitioner sustained multiple grievous injuries on her right leg and waist region and multiple bleeding injuries all over her body. Thereafter, the matter was reported to the police station and the case was registered. The tribunal granted compensation of Rs.39,400/- with interest at 7.5% p.a. from the date of petition till the date of deposit, while dismissing the claim petition against the 2nd respondent-Insurance company. Furthermore, the present appeal is preferred by the appellant for the enhancement of the compensation.
Contentions of the Petitioner
The Petitioner contended that she suffered a 10% disability due to which she is facing difficulty lying down in a supine position. It was furthermore contended that the charge sheet was filed by the police in which it was stated that the driver of the 1st respondent's auto was negligent, and due to rash and negligent driving of the driver of the auto, the accident occurred.
Observations of the court
The Hon’ble Court observed that the insurance company is required to compensate the claimant in the event that the driver of the car did not possess an effective and valid driver's license at the time of the accident. This is because the claimant is the victim of the incident and faces pain and mental suffering for the rest of her life.
The court noted that the accident hampers the petitioner’s activities and due to the said impact, the petitioner has lost her earning capacity. The purpose of awarding compensation under the Motor Vehicles Act is to fully and adequately restore the aggrieved to the position prior to the accident.
The court furthermore noted that it is a statutory right for victims of road accidents to seek compensation. An unforeseeable circumstance has victimized the petitioner. The other people's misbehavior has caused the victim's suffering. The entire victim's family gets shattered by an accident. For their survival and medical care, a person with physical injuries needs financial support. For many families, the sole hope for a brighter future comes from statutory compensation awarded to the accident victim.
Based on these considerations, the court enhanced the compensation to Rs.7,61,200/-.
The decision of the court
With the above direction, the court allowed the appeal.
Case Title: Panditi Bujji V. Aluri Narayana Rao
Coram: Hon’ble Mr. Justice Sumathi Jagadam
Case No.: M.A.C.M.A.No.2615 of 2007
Advocate for the Appellant: Sri B.Paramesewara Rao
Advocate for the Respondent: Sri N.Ramakrishna
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