Telangana High Court
National Insurance Company ... vs Smt. J. Nagamani 4 Ors on 14 December, 2021
Bench: G Sri Devi
THE HONOURABLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.900 of 2007
JUDGMENT :
This appeal is filed by the Insurance Company aggrieved of the
order and decree dated 01.11.2006 in O.P.No.1251 of 2004 on the file
of Motor Accident Claims Tribunal-cum-District Judge, Nizamabad.
2. On 08.09.2003, due to the rash and negligent driving of Auto
bearing No.AP-25-U-4149 by its driver, it dashed against a road side
stone, due to which, the deceased, who was travelling in the said
Auto, sustained severe injuries and succumbed to the same while
undergoing treatment.
3. The Tribunal, on examining the oral evidence of PWs.1 and 2
and RW-1 and documentary evidence in Exs.A-1 to A-9 and B-1 to B-
7, allowed the O.P., awarding a total compensation of Rs.4,52,000/-
along with costs and interest @ 7.5% per annum from the date of
petition till the date of realization, to be deposited within one month
from the date of said order. Aggrieved thereby, the appellant-
Insurance Company has filed this appeal.
4. Heard both sides and perused the record.
5. It is contended by the learned Standing Counsel for the
appellant/Insurance Company that the Tribunal has failed to see that
the Auto involved in the accident did not have valid permit and that
there was mechanical failure of the brakes of the Auto, due to which,
GSD, J
MACMA.No.900 of 2007
the accident occurred. It is further contended that though proper proof
is not filed, the Tribunal has erroneously took the income of deceased
as Rs.3,000/- per month and thus awarded excess compensation.
Accordingly, prayed for setting aside the Award of the Tribunal.
6. In paras 20 and 21 of its order, the Tribunal held as under :
"20. Ex.B2 Permit reveals that R1 is the owner of the auto
and the route permit is valid for 60 Kms. from the residence of
the owner, and prohibited to ply on all National Highways
excluding Municipal and Gram Panchayat limits. Ex.B3 form
24-B Register of the motor vehicle reveals that the first
respondent is the owner of the auto. Ex.B7 reveals that R2
Company addressed letter to the SRTA, Nizamabad for
clarification whether the auto involved in the accident can ply
in Maharashtra and that the Secretary, Regional Transport
Authority, Nizamabad endorsed on the reverse of the said letter
that auto rickshaw passenger vehicle is not authorized to ply in
other State as per permit conditions of APMV Act and Rules.
21. The learned counsel for the petitioners vehemently
contended that the auto involved in the accident can ply within
an area lying within a radius of 60 Kms from the principal
place of business of the registered owner and accident
occurred at Dharmabad which is situated within the distance
of 60 K.Ms. from the place of residence of the first respondent
and that respondents are jointly and severally liable to pay
compensation to the petitioners.
Admittedly the first respondent is resident of Nizamabad
and the accident occurred at Dharmabad, District Nanded of
Maharashtra State. Now it has to be seen whether the auto
involved in the accident can ply in Maharashtra State.
Ex.B2 permit issued by the Registering Authority,
Nizamabad (AP) reveals at col.6 that "Route/area for which
GSD, J
MACMA.No.900 of 2007
the permit is valid: TO PLY WITHIN THE RADIUS OF 60
KMS FROM THE RESIDENCE OF THE OWNER,
PROHIBITED TO PLY ON ALL NATIONAL HIGHWAYS
ECLUDING MUNICIPAL AND GRAM PANCHAYAT
LIMITS". In Ex.B2 nowhere it is mentioned that the auto
involved in the accident shall not ply in other State."
7. Thus, in view of the categorical findings recorded by the
Tribunal and in view of the fact that the appellant/Insurance Company
has not adduced any evidence to the effect that the offending vehicle
was plying beyond the radius of 60 kms. from the residence of its
owner and it was not permitted to ply in other States, I do not find any
merit in the contentions raised by the appellant-Insurance Company.
8. The appeal is devoid of merit and it is accordingly dismissed.
Pending miscellaneous applications, if any, shall stand closed.
____________________
JUSTICE G.SRI DEVI
Date: 14.12.2021
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