Telangana High Court
Gyara Pochaiah vs D.Amruthgamma Anr on 5 July, 2022
Bench: G Sri Devi
THE HON'BLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.1072 of 2012
JUDGMENT:
This appeal is filed by the appellant-claimant aggrieved
by the order and decree, dated 17.06.2010 passed in
O.P.No.2142 of 2008 on the file of the X Additional Chief Judge,
Fast Track Court, City Civil Court, Hyderabad (for short, the
Tribunal).
2. For the sake of convenience, the parties have been
referred to as arrayed before the Tribunal.
3. The claimant filed a petition under Section 166 of the
Motor Vehicles Act claiming compensation of Rs.1,00,000/- for
the injuries sustained by him in a motor vehicle accident. It is
stated that on 18.07.2008 the claimant boarded auto bearing
No.AP 22 U 1218 at Santoshnagar in order to go to Karmanghat
and when the auto reached Karmanghat Cross Road, one Lorry
bearing No.AP 29 U 7779 driven by its driver in a rash and
negligent manner, took a sudden U turn without giving any
indication and the rear side portion of the lorry hit the Auto,
due to which the claimant sustained sustained fracture to his
GSD, J
Macma_1072_2012
both legs, fracture of left shoulder, head injury and other
serious injuries. Immediately after the accident, the claimant
was shifted to Krishna Sai Multi Speciality Hospital, Hyderabad.
Since the accident occurred due to the rash and negligent
driving of the driver of Lorry, the claimant filed the aforesaid
O.P. against the respondents, who are the owner and insurer of
the said Lorry, respectively.
4. Before the Tribunal, the 1st respondent remained ex parte
and the 2nd respondent filed counter denying the averments of
the claim petition including the manner in which the accident
took place. It is also stated that the driver of the Lorry was not
having valid and effective driving licence at the time of the
accident and as such the 2nd respondent is not liable to pay the
compensation. It is also contended that the owner and insurance
company of the Van are necessary parties. It is further
contended that the amount claimed is excessive and prayed to
dismiss the claim petition.
5. Basing on the above pleadings, the following issues are
framed before the Tribunal:-
GSD, J
Macma_1072_2012
1) Whether the accident resulting in injuries to the
petitioner occurred owing to the rash and negligent
driving of the driver of Lorry bearing No.AP 29 U 7779?
2) Whether the petitioner is entitled for compensation
and if so, to what amount and from whom?
3) To what relief?
6. During trial, the claimant himself was examined as P.W.1
and got marked Exs.A1 to A10. On behalf of the respondents,
no oral evidence was adduced but Ex.B1-policy was marked with
consent.
7. 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
Lorry and accordingly, awarded total compensation of
Rs.46,000/- with interest @ 7.5% per annum. Being not satisfied
with the said amount, the claimant filed the present appeal
seeking enhancement of compensation.
8. Heard and perused the record.
GSD, J
Macma_1072_2012
9. The finding of the Tribunal with regard to the manner in
which the accident took place has become final as the same is
not challenged either by the owner or insurer of the vehicle.
10. The short question that arises for consideration is
"whether the compensation awarded by the Tribunal is just and
equitable"?
11. A perusal of Ex.A1-discharge summary issued by the
Krishna Sai Multi Speciality Hospital, Hyderabad, the claimant
had sustained fracture of left humerous with dislocation and
also sustained lacerated wounds to both the lower limbs and the
injuries were treated with plaster of paris and sutures were
given to the lacerations and he was advised to take bed rest.
Thus, looking into the nature of injuries sustained by the
claimant, nature and period of treatment undergone by him and
the amount spent by him towards medical expenses,
transportation, attendant charges and extra nourishment, this
Court feels that in all the claimant is entitled to Rs.65,000/-
instead of Rs.46,000/-.
GSD, J
Macma_1072_2012
12. In the result, the M.A.C.M.A. is partly allowed by
enhancing the compensation amount awarded by the Tribunal
from Rs.46,000/- to Rs.65,000/-. The enhanced amount shall
carry interest @ 7.5% per annum from the date of order passed
by the Tribunal till the date of realization. There shall be no
order as to costs.
Miscellaneous petitions, if any pending in this appeal,
shall stand closed.
__________________
JUSTICE G. SRI DEVI
05.07.2022
gkv
