Andhra Pradesh High Court - Amravati
The vs Tribunal on 11 July, 2023
THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO
M.A.C.M.A.No.3076 of 2012
JUDGMENT:
The appellant is respondent No.2/Insurance
Company in M.V.O.P.No.161 of 2008, on the file of the
District Judge-cum-Chairman, Motor Accident Claims
Tribunal, Chittoor. The respondents herein are the claim
petitioner and respondent No.1 in the said case.
2. Both the parties in the appeal will be referred to as
they are arrayed in claim application.
3. The aforesaid M.V.O.P.No.161 of 2008 was filed by
the claimant, under Section 166 of the Motor Vehicles
Act, claiming an amount of Rs.1,00,000/-
towards compensation for the injuries sustained by him in
a motor vehicle accident that occurred on 06.11.2007.
4. The brief averments of the claim petition are as
follows:
On 06.11.2007 at about 7.00 p.m. while the
petitioner proceeding on a Motor Cycle to go to Penumur
and when reached Penumur Cross, met with accident due
to the rash and negligent driving on the part of the driver of
the Jeep bearing No.AP 16/D 8354 and sustained grievous
injuries on the left hand and little finger. He was initially
treated at Government Head Quarters Hospital, Chittoor
and then he was shifted to Rush Super Speciality Hospital,
Tirupati where he underwent surgery. A case in Crime
No.87/2007 was registered by the Police, Chittoor Taluk
Police Station. 1st respondent is the owner and 2nd
respondent is the insurer of the offending vehicle Jeep.
5. 1st respondent remained ex parte.
6. 2nd respondent filed a written statement denying the
claim of the petitioner and pleaded that the
owner-cum-driver of the offending vehicle Jeep was not
possessing a effective driving license to drive the Jeep.
7. Based on the above pleadings of both the parties, the
Tribunal framed the following issues:
1. Whether the accident occurred due to the rash
and negligent driving of the driver of the 1st
respondent's Jeep bearing No.AP-16-D-8354 or
due to the rash and negligent riding of the rider
of TVS bearing No.AP-03-P-9628?
2. Whether the petition is bad for non-joinder of
necessary parties?
3. Whether the petitioner is entitled for any
compensation, if so, to what amount?
4. To what relief?
8. During the course of enquiry, on behalf of the
claimant, P.Ws.1 and 2 are examined and got marked
Exs.A1 to A12 and on behalf of 2nd respondent/Insurance
Company, R.Ws.1 to 3 are examined and got marked
Exs.B1 and B2 and Exs.X1 and X2.
9. On considering the entire material on record, the
Tribunal awarded compensation of Rs.73,160/- against
both the respondents with interest at the rate of 7.5% per
annum. Aggrieved thereby, 2nd respondent/Insurance
Company has filed the present appeal.
10. Now, the point for consideration is:
Whether the order of the Tribunal needs any
interference in the appeal? If so, to what extent?
P O I N T:
11. The case of the claimant is that the accident occurred
only due to rash and negligent driving of the driver of the
offending vehicle Jeep. In support of the same, the
claimant relied on Ex.A1 certified copy of the First
Information Report and Ex.A2 certified copy of the Charge
Sheet. The claimant is the injured in the said accident.
The evidence of P.W.1 is corroborated by the Exs.A1 and
A2. Initially, First Information Report was registered
against the driver of the offending vehicle, after completion
of investigation, the Investigating Officer laid Charge Sheet
against the driver of the offending vehicle Jeep only.
12. Basing on the material available on record, the
Tribunal came to conclusion that the accident in question
occurred solely due to rash and negligent driving on the
part of the driver of the offending vehicle Jeep. I do not
find any legal flaw or infirmity in the said finding given by
the Tribunal.
13. In order to prove the quantum of compensation, the
claimant relied on the evidence of P.W.2, P.W.2 is the
doctor who treated P.W.1. As per the evidence of P.W.2,
the claimant sustained two injuries from out of which
injury No.1 was the fracture and grievous in nature, injury
No.2 was the simple in nature. The entire material
available on record goes to shows that immediately after
the accident, the injured proceeded to Rush Hospital,
Tirupathi on 07.11.2007 and he underwent surgery and he
was discharged on 13.11.2007. On considering the
evidence of P.W.2 and also medical record of the claimant
and so also Ex.A9-medical bills, the Tribunal awarded an
amount of Rs.20,000/- towards compensation for injuries,
pain and suffering, an amount of Rs.20,000/- is awarded
towards loss of future earnings, an amount of Rs.25,160/-
is awarded towards medical expenses, an amount of
Rs.5,000/- is awarded towards incidental charges and an
amount of Rs.3,000/- is awarded towards extra
nourishment. By giving cogent reasons, the Tribunal
awarded an amount of Rs.73,160/- towards total
compensation. I do not find any legal flaw or infirmity in
the said finding given by the Tribunal.
14. The material available on record clearly goes to show
that the offending vehicle Jeep is insured with 2nd
respondent/Insurance Company and the policy is also in
force.
15. Learned counsel for the appellant/Insurance
Company would submit that the driver of the offending
vehicle possessed only driving license of light motor
vehicle. No doubt the Jeep is a light motor vehicle.
Therefore, the driving license of the offending vehicle is
sufficient to drive the offending vehicle Jeep. On
appreciation of the entire evidence on record, the Tribunal
rightly directed both the respondents to pay the total
compensation amount of Rs.73,160/- with interest at the
rate of 7.5% per annum to the claimant.
16. I do not find any legal flaw or infirmity in the said
finding given by the Tribunal in awarding compensation
amount to the claimant. Therefore, the award passed by
the Tribunal is perfectly sustainable under law and it
warrants no interference.
17. In the result, the appeal is dismissed confirming the
award of the Tribunal. There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending,
shall stand closed.
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JUSTICE V.GOPALA KRISHNA RAO
11.07.2023
ANI
THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO
M.A.C.M.A.No.3076 of 2012
Dt.11.07.2023
ANI
