Telangana High Court
The New India Assurance Company ... vs Md. Mohsin Another on 23 June, 2022
Bench: G Sri Devi
THE HON'BLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.1562 of 2015
JUDGMENT:
This appeal is preferred by the appellant-Insurance
Company, questioning the order and decree, dated 07.11.2014
passed in M.V.O.P.No.794 of 2009 on the file of the Chairman,
Motor Accident Claims Tribunal (III Additional District Judge),
Nizamabad (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.2,00,000/- for
the injuries sustained by him in a motor vehicle accident. It is
stated that on 18.06.2008 the claimant, who is the owner of
Lorry bearing No.AP 16 U 1186, was traveling in his lorry cabin
and his driver was driving the lorry proceedings towards
Nizamsagar Canal bridge and when the said lorry reached near
Nizamsagar Canal bridge at about 7.00 a.m., the driver of the
said lorry drove it in a rash and negligent manner and dashed
against another lorry bearing No.AP 07 X 4127 which is going in
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front of the crime lorry, due to which the claimant sustained
fracture to his right leg and fracture to his left leg, injury on
foot, head and other injuries all over the body. 1st respondent
is the driver and the 2nd respondent is the insurer of the
offending lorry.
4. The Tribunal, considering the claim of the claimant,
counters filed by the respondents and on evaluation of oral and
documentary evidence, allowed the O.P. in part and awarded a
total compensation of Rs.72,897/- along with costs and interest
@ 7.5% per annum from the date of petition till the date of
realization, to be deposited by respondents 1 and 2 jointly and
severally. Challenging the same, the Insurance Company filed
the present appeal.
5. Heard both sides and perused the record.
6. 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 1st respondent, to which
the Tribunal has categorically observed that the accident has
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occurred due to the rash and negligent driving of the 1st
respondent 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.72,897/- 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.
7. 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
23.06.2022
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