Telangana High Court
United India Insurance Company ... vs Yasam Venkatnarsaiah on 17 March, 2022
Bench: G Sri Devi
THE HON'BLE JUSTICE G. SRI DEVI
M.A.C.M.A.No. 4228 of 2012
JUDGMENT:
This appeal is preferred by the appellant-Insurance
Company, questioning the award and decree, dated 14.11.2005
passed in O.P.No.381 of 2003 on the file of the Chairman, Motor
Accident Claims Tribunal-cum-II Additional District Judge,
Warangal (for short, the Tribunal).
2. For the sake of convenience, the parties have been
referred to as arrayed before the Tribunal.
3. The claimants filed a petition under Section 166 of the
Motor Vehicles Act claiming compensation of Rs.6,00,000/- for
the death of the deceased Y.Janardhan, who died in a motor
vehicle accident that occurred on 10.05.2002 at the outskirts of
Chennor Village. Since the accident occurred due to rash and
negligent driving of the driver of the Tractor-Trailer bearing
No.AP 36 U 437/438, the claimants filed aforesaid O.P. against
respondent Nos.1 to 3, being the owner, driver and insurer of
the aforesaid Tractor-Trailer, respectively.
GSD, J
Macma_4228_2012
4. Before the Tribunal, respondents 1 and 2 remained
ex parte.
5. The 3rd respondent filed counter denying the averments
made in the claim-petition including the age, income and
avocation of the deceased. It is also stated that the accident
occurred due to the negligence of the deceased and that there
was no negligence on the part of the driver of the Tractor-
Trailer and also stated that the amount claimed is excessive and
prayed to dismiss the claim petition.
6. Basing on the above pleadings, the following issues are
framed before the Tribunal:-
1) Whether the accident took place due to rash and
negligent driving of tractor-trailer bearing No.AP 36 U
437/438 by its driver?
2) Whether the petitioners are entitled for compensation
if so, what amount and from whom?
3) To what relief?
7. During trial, on behalf of the claimants, P.Ws.1 to 3 were
examined and Exs.A1 to A9 were marked. On behalf of the
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Macma_4228_2012
respondents, R.W.1 was examined and Exs.B1 and B2 were
marked.
8. 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
Tractor-Trailer and awarded total compensation of
Rs.4,25,000/- together with interest @ 7.5% per annum.
Aggrieved by the said order, the appellant-Insurance Company
filed the present appeal.
9. Heard and perused the record.
10. A perusal of the order reveals that the Tribunal passed a
well considered order by taking into consideration all the
aspects. 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 Tractor-Trailer bearing No.AP 36 U 437/438, to
which the Tribunal has categorically observed that the accident
has occurred due to the rash and negligent driving of the driver
of the Tractor-Trailer and has answered in favour of the
GSD, J
Macma_4228_2012
claimants and against the respondents. With regard to Issue
No.2 as to whether the claimants are entitled for compensation,
if so, to what amount and from whom, in the light of the
decided case laws of the Apex Court, under the heads of
conventional charges and future prospects, the Tribunal has
rightly awarded just compensation. Therefore, I see no reason
to interfere with the findings of the Tribunal and the appeal is
liable to be dismissed.
11. Accordingly, the M.A.C.M.A. is dismissed confirming the
award and decree passed by the Tribunal. There shall be no
order as to costs.
12. Miscellaneous petitions, if any, pending shall stand closed.
__________________
JUSTICE G. SRI DEVI
17.03.2022
gkv
