Telangana High Court
United India Insurance Company ... vs Yerra Konuramma Another on 24 February, 2022
Bench: G Sri Devi
THE HON'BLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.3249 of 2009
JUDGMENT:
This appeal is preferred by the United India Insurance
Company Limited, questioning the award and decree, dated
05.11.2001 passed in O.P.No.479 of 1999 on the file of the
Motor Vehicles Accidents Claims Tribunal (I Additional District
Judge), Warangal (for short, the Tribunal).
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.2,00,000/- for
the injuries sustained by her in a motor vehicle accident. It is
stated that on 10.11.1998 while the claimant was returning to
her house by walk on the extreme left side of the road and
when she reached near Mamnoor Village, a Car bearing No.AP 31
T 2907 driven by its driver in a rash and negligent manner at
high speed, lost control over the steering and dashed the
claimant from her back side, as a result of which, the claimant
fell down and received fracture of both bones of right leg above
GSD, J
Macma_3249_2009
ankle and fracture of right hip apart from other simple injuries.
Immediately, the claimant was shifted to MGM Hospital,
Warangal, where she took treatment as inpatient from
10.11.1998 to 05.12.1998. The claimant filed aforesaid O.P.
against respondent Nos.1 to 3, being owner and insurers of the
aforesaid Car, respectively, claiming compensation for the
injuries sustained by her.
Before the Tribunal, respondents 1 and 2 remained
ex parte.
The 3rd respondent also filed counter denying the
averments of the claim petition and contended that the amount
claimed is excessive and prayed to dismiss the claim petition.
Basing on the above pleadings, the following issues are
framed before the Tribunal:-
1) Whether the accident took place on account of the
rash and negligent driving of the Car by its driver or
due to the negligence on the part of the petitioner
while walking on the road?
2) Whether the petitioner is entitled for compensation?
If so, to what amount and from whom?
GSD, J
Macma_3249_2009
3) To what relief?
During trial, on behalf of the claimant, P.W.1 was
examined and got marked Exs.A1 to A8. On behalf of the
respondents, neither oral nor documentary evidence was
adduced.
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 driver of the
Car and awarded total compensation of Rs.1,45,000/- with
interest @ 7.5% per annum. Aggrieved by the said order, the
United India Insurance Company filed the present appeal.
Heard both sides and perused the record.
A perusal of the impugned order reveals that insofar as
the manner in which the accident took place, the Tribunal while
answering Issue No.1, has categorically observed that the
accident has occurred due to the rash and negligent driving of
the driver of the Car. Insofar as the quantum of compensation
is concerned, the Tribunal passed a well considered order by
GSD, J
Macma_3249_2009
taking into consideration all the aspects i.e., nature of injuries
sustained by the claimant, nature of treatment and period of
treatment undergone by her, medical expenditure, extra diet
and pain and suffering, the Tribunal awarded an amount of
Rs.1,45,000/- with interest @ 7.5% per annum. Therefore, I see
no reason to interfere with the order of the Tribunal and the
appeal is liable to be dismissed.
Accordingly, the M.A.C.M.A. is dismissed confirming the
order and decree passed by the Tribunal. There shall be no
order as to costs.
Miscellaneous petitions, if any, pending shall stand closed.
__________________
JUSTICE G. SRI DEVI
24.02.2022
gkv
