M/S. United India Insurance ... vs Suryavamshi Srinivas
2022 Latest Caselaw 3817 Tel

Citation : 2022 Latest Caselaw 3817 Tel
Judgement Date : 21 July, 2022

Telangana High Court

M/S. United India Insurance ... vs Suryavamshi Srinivas on 21 July, 2022

Bench: G.Anupama Chakravarthy

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                     M.A.C.M.A.No.2285 of 2018
                                and
                     X-Objections No.11 of 2019

COMMON JUDGMENT :

      This appeal in MACMA.No.2285 of 2018 is preferred by the

Insurance        Company,     being   aggrieved       by     the     award    in

M.V.O.P.No.810 of 2015, on the file of the Motor Accident Claims

Tribunal at Nizamabad, where under, a sum of Rs.27,000/- was

awarded as compensation to respondent No.1/Claimant, who

sustained injuries on account of road traffic accident while he was

travelling in Tavera car bearing No.TS-12-EB-8192.

2. On the other hand, the 1st respondent/claimant filed

X-Objections No.11 of 2019 contending that the Tribunal has

awarded very meagre amount and therefore, prayed to enhance the

compensation granted by the Tribunal.

3. It is contended by the learned counsel for the

appellant/Insurance Company that the Tribunal has erred in

granting compensation to the claimant without there being any

documentary evidence and prayed to set aside the award passed by

GAC, J MACMA.No.2285 of 2018 With X-Obj.No.11 of 2019

the Tribunal. According to the appellant, the accident had occurred

due to the burst of the rear tyre of the car and it amounts to

technical defect, thereby, the appellant/Insurance Company is not

liable to pay compensation. Since the vehicle involved in the

accident is a private car, the Insurance Company is not liable to pay

compensation, and therefore, prayed for setting aside the award

passed by the Tribunal.

4. The points involved in this appeal are;

Whether the compensation granted by the Tribunal is to be set aside or modified ?

5. The claim petition is filed under Section 166 of the Motor

Vehicles Act, for compensation on account of the accident in

which the claimant suffered injuries. Admittedly, there is no

dispute as to the manner of the accident, but the quantum of

compensation granted by the Tribunal is disputed by the appellant

as well as by the claimants.

6. Admittedly, the claim petition is filed for Rs.1,00,000/- and

an amount of Rs.27,000/- was awarded. There is no evidence on

GAC, J MACMA.No.2285 of 2018 With X-Obj.No.11 of 2019

record to show that the accident had occurred due to mechanical

defect of the Tavera Car. Ex.B-1 is the insurance policy for the

vehicle bearing No.TS-12-EB-8192 (Tavera Car), which was in

force as on the date of the accident. The Tribunal has granted

compensation to the claimants under the following heads:

      1. Pain and suffering             -      Rs.15,000/-
      2. Transportation &               -      Rs.5,000/-
         Extra-nourishment
      3. Medical expenses               -      Rs.2,000/-
      4. Loss of earnings               -      Rs.5,000/-
         TOTAL                          -      Rs.27,000/-

7. On perusal of Ex.A-3/injury certificate, it is evident that

there are three simple injuries i.e. (1) abrasion of 6x2 cm at the side

of forehead, (2) abrasion of 4x2 cm at right elbow joint and (3)

abrasion of 2x2 cm at left elbow joint. Except Ex.A-3, there is no

other document filed before the Tribunal to prove that the claimant

sustained disability or any other grievous injury. Even then, the

Tribunal has liberally granted an amount of Rs.15,000/- towards

pain and suffering. There is no evidence before the Tribunal that

the claimant underwent bed rest for the injuries sustained by him

and as such he suffered loss of earnings, and inspite of it, the

GAC, J MACMA.No.2285 of 2018 With X-Obj.No.11 of 2019

Tribunal has granted Rs.5,000/- towards loss of earnings for a