United India Ins. Co. Ltd., vs Shavakula Venkatesh ...
2021 Latest Caselaw 4447 Tel

              HONOURABLE JUSTICE G. SRI DEVI

                    M.A.C.M.A. No.714 of 2013

JUDGMENT:

Aggrieved by the order and decree, dated 08.05.2012, passed

in M.V.O.P.No.865 of 2008 on the file of the District Judge-cum-

Motor Accidents Claims Tribunal, Mahabubnagar, the United India

Insurance Company Limited, preferred the present appeal under

Section 173 of the Motor Vehicles Act, 1988.

For the sake of convenience, the parties have been referred to

as arrayed before the Tribunal.

The claimant filed a petition under Section 166 of the Motor

Vehicles Act claiming compensation of Rs.10,00,000/- for the injuries

sustained by him in a motor vehicle accident that occurred on

27.04.2007 while he, along with his friend, was proceeding to

Jadcharla on his motor cycle bearing No.AP-22/F-7320. It is stated

that when they reached Nakkalabanda thanda, the driver of the

Indica Car bearing No.AP-9/BH-1779 drove it in a rash and

negligent manner with high speed and dashed against the motor

cycle of the claimant, as a result of which, he fell down and

sustained injuries. On a complaint, a case in Crime No.217 of 2007,

was registered against the driver of the Indica Car. Since the 1st

respondent being the owner and the 2nd respondent being insurer of

the Indica Car, are jointly and severally liable to pay compensation.

In the claim petition, respondents 1 & 2 filed separate counters

denying the allegations and contended that the accident occurred

only due to the negligence of the claimant and that there was no

fault on the part of the driver of the Indica Car and as such, they are

not liable to pay the compensation. It is also denied that the amount

claimed by the claimant is highly excessive and therefore prayed to

dismiss the claim petition.

After considering the oral and documentary evidence on

record, the Tribunal came to the conclusion that the accident

occurred due to the rash and negligent driving of the driver of the

Indica Car and as such the claimant has sustained 50% of disability

and accordingly awarded total compensation of Rs.8,94,000/- with

interest @ 7.5% per annum under various heads viz., Rs.2,69,000/-

towards medical expenses, Rs.1,00,000/- for further surgery,

Rs.75,000/- towards pain and suffering, Rs.20,000/- towards extra

nourishment, Rs.10,000/- towards transportation charges,

Rs.15,000/- towards loss of earnings during the treatment period

and Rs.4,05,000/- towards future loss of earnings. Aggrieved by the

same, the appellant/Insurance Company filed the present appeal.

Heard the learned Counsel appearing on either side and

perused the record.

A perusal of the order reveals that the Tribunal passed a well

considered order by taking into consideration all the aspects and as

against the claim of Rs.10,00,000/-, the Tribunal awarded an amount

of Rs.8,94,000/- with interest @ 7.5% per annum. The main

contention of the appellant is that the Indica Car is not involved in

the alleged accident and the claimant in collusion with the owner of

the Indica Car got implicated the Car as crime vehicle. In the

Counter filed before the Tribunal, the Insurance Company has not

taken any plea that the car was not involved in the accident, he had

pleaded that the driver of the Car was not having valid and effective

driving licence and that the vehicle was not in road worthy

condition. Apart from the above pleas, the Insurance Company has

taken another plea that there was contributory negligence on the

part of the claimant. A perusal of the impugned order would show

that the Tribunal has framed the Issue No.1 as to whether the

accident had occurred due to rash and negligent driving of Indica

Car bearing No.AP-09/BH-1779 by its driver, to which the Tribunal

has categorically given a finding that the Police, Jadcharla, registered

a case in Crime No.217 of 2007 against the driver of the Car, who

caused the accident and after due investigation, filed charge sheet

against the driver of the Car for the offence punishable under

Section 338 of I.P.C. and also held that rough sketch of the scene of

offence, which was marked as Ex.A3 would not indicate that the

accident occurred due to head on collision. Therefore, the Tribunal

has given a categorical finding that the accident occurred due to rash

and negligent driving of the Indica Car bearing No.AP-9/BH-1779

and has answered the issue in favour of the claimant and against the

owner and insurer of the crime vehicle. With regard to Issue No.2 as

to whether the claimant is entitled to compensation from the

respondents and if so, to what amount and against whom, the

Tribunal by taking into consideration all the aspects with regard to

the disability sustained by the claimant, treatment taken by him and

medical expenses incurred by him etc., granted just and reasonable

compensation, as such, I see no reason to interfere with the order of

the Tribunal and the appeal is liable to be dismissed.

Accordingly, the Motor Accidents Civil Miscellaneous Appeal

is dismissed confirming the order and decree passed by the Tribunal

in M.V.O.P.No.865 of 2008 dated 08.05.2012. There shall be no order

as to costs.

Miscellaneous petitions, if any, pending shall stand closed.

_____________________ JUSTICE G. SRI DEVI

17.12.2021 gkv/Gsn