Andhra Pradesh High Court - Amravati
The vs Patel And Others1" on 5 May, 2022
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
M.A.C.M.A.No.491 of 2010
JUDGMENT:-
The appellant/respondent No.2 filed the Motor Vehicles Act
Civil Miscellaneous Appeal aggrieved by the order dated
07.12.2009 in M.V.O.P.No.304 of 2008 under Sections.140 and
163-A of Motor Vehicles Act, 1988 in awarding compensation of
Rs.3,00,000/- (Rupees three lakhs only) in favour of the
claimants.
2. The brief facts of the case is that, while the deceased was
proceeding by walk from his house to a nearby mechanic shop on
09.07.2007, at about 6:00 P.M., the Tata Indica Car of the 5 th
respondent herein dashed against the deceased due to which, he
sustained grievous injuries. The passers-by shifted him to
Government General Hospital, Guntur and later he died on
01.12.2007. The police registered a crime against the driver of the
5th respondent herein.
3. The New India Assurance Company Limited-appellant herein
filed the written statement contending that the driver of the 5th
respondent herein is not having valid driving licence at that
relevant point of time.
4. To substantiate the case of the claim petitioners, PW1 and
PW2 were examined, who have categorically deposed about the
rash and negligent driving of the 5th respondent herein.
6. The Tribunal after considering the evidence, has awarded
compensation of Rs.3,00,000/- (Rupees three lakhs only) to the 1st
respondent herein and held that the appellant and the 5 th
respondent herein are jointly and severally liable to pay the same.
7. Aggrieved by the order dated 07.12.2009 in M.V.O.P.No.304
of 2008 of the learned Judge, Motor Vehicles Accidents Claims
Tribunal-cum-District Judge, Guntur, the present Motor Vehicles
Act Civil Miscellaneous Appeal is filed.
8. Heard both sides.
9. Learned counsel for the appellant contended that the
accident occurred on 09.07.2007. The deceased received grievous
injuries and died on 01.12.2007. Hence, the death was not caused
due to the accident.
10. The learned Judge after considering the evidence, relied on
the judgment of the High Court of Andhra Pradesh in "Khairullah
@ Babu, Lorry driver and another Vs. Smt. Anitha @ Amruthalal
Patel and others1", and judgment of the High Court of Rajasthan
at Jodhpur in "Habibnur Khan and others Vs. Govind Singh and
another2" and fixed joint and several liability on the appellant and
the 5th respondent herein.
11. Relying on the judgments stated supra, the contention
raised by the learned counsel for the appellant is hereby rejected.
Hence, this Court found no reasons to interfere with the order
dated 07.12.2009 passed by the Tribunal.
Law Summary (1) 1994 at page 115
2 2007 A.C.J. at page 1329
12. Accordingly, the Motor Vehicles Act Civil Miscellaneous
Appeal stands dismissed. There shall be no order as to costs.
Miscellaneous Petitions pending, if any, shall stand closed.
________________________________________
JUSTICE TARLADA RAJASEKHAR RAO
Date: 05-05-2022
EPS
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
M.A.C.M.A.No.491 OF 2010
Date: 05-05-2022
EPS
