National Insurance Co Ltd vs Dukire Mohan Rao Anr
2022 Latest Caselaw 302 Tel

                   THE HON'BLE JUSTICE G. SRI DEVI

                      M.A.C.M.A. No.2364 of 2008

JUDGMENT:

This appeal is preferred by the appellant-Insurance

Company, questioning the order and decree, dated 03.07.2006

passed in M.V.O.P.No.909 of 2003 on the file of the Principal Motor

Accidents Claims Tribunal (Principal District Court), 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.8,00,000/- for the

injuries sustained by him in a motor vehicle accident. It is stated

that on 28.03.2003, the claimant along with his villager Thipparapu

Shanker Rao, were proceeding to Koukonda village to attend a

marriage and after getting down from the bus at Parkal, they took

a bicycle on hire and were proceeding on the bicycle to Koukonda

Village, at about 1.30 P.M., when they reached Seetharampuram

Village, a Jeep bearing No. AP 7 U 6326 driven by its driver in a

rash and negligent manner with high speed and dashed against the

bicycle, due to which the claimant and another fell down and

sustained injuries. The claimant sustained fracture of left leg

apart from other injuries all over the body. Immediately after the

accident, the claimant was shifted to Veena Medicare,

Hanamkonda, for treatment and thereafter, he was shifted to NIMS

GSD, J Macma_2364_2008

Hospital, Hyderabad, where the left leg of the claimant was

amputated, he took treatment as in-patient from 29.03.2003 to

05.04.2003 and he spent an amount of Rs.30,000/- towards

medical expenses. The claimant filed aforesaid O.P. against

respondent Nos.1 and 2, being owner and insurer of the aforesaid

Jeep, respectively, claiming compensation of Rs.8,00,000/- for the

disability sustained by him.

Before the Tribunal, the 1st respondent filed counter denying

the averments in the claim petition and contended that the

amount claimed is excessive and prayed to dismiss the petition.

The 2nd 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 is due to rash and negligent driving by the driver of the Jeep bearing No.AP 7 U 6326?

2) Whether the petitioner is entitled to claim compensation, if so, to what amount and from whom?

3) To what relief?

During trial, on behalf of the claimant, P.Ws.1 to 3 were

examined and got marked Exs.A1 to A7. On behalf of the

respondents, no oral evidence was adduced but Ex.B1-copy of

policy was marked.

GSD, J Macma_2364_2008

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 Jeep

and awarded total compensation of Rs.4,73,000/- with interest @

7.5% per annum, i.e., Rs.30,000/- towards medical expenses,

Rs.10,000/- for extra nourishment, Rs.3,78,000/- under the head

of loss of earnings on account of amputation of left leg,

Rs.30,000/- for the injury sustained by the claimant and

Rs.25,000/- towards pain and suffering. Aggrieved by the said

order, the appellant-Insurance Company filed the present appeal.

Heard both sides.

A perusal of the impugned order reveals that insofar as the

manner in which the accident took place, the Tribunal has framed

the Issue No.1 as to whether the accident had occurred due to rash

and negligent driving of the driver of the Jeep bearing No.AP 7 U

6326, to which the Tribunal has categorically observed that the

accident has occurred due to the rash and negligent driving of the

driver of the Jeep and has answered in favour of the claimant and

against the respondents. Insofar as the quantum of compensation

is concerned, the Tribunal passed a well considered order by taking

into consideration all the aspects i.e., the disability sustained by

the claimant, nature of treatment undergone by him, medical

expenses, extra diet and pain and suffering, the Tribunal awarded

an amount of Rs.4,73,000/- with interest @ 7.5% per annum.

GSD, J Macma_2364_2008

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 28.01.2022 gkv