Manukala Naresh vs B.Muthanna And Another
2024 Latest Caselaw 1744 Tel

Telangana High Court

Manukala Naresh vs B.Muthanna And Another on 26 April, 2024

          THE HON'BLE SRI JUSTICE K.SURENDER

                 M.A.C.M.A. No.3095 OF 2008

JUDGMENT:

This appeal is filed by the claimant being not satisfied with

the compensation awarded by the learned Chairman, Motor

Vehicle Accident Claims Tribunal-cum-I Additional District

Judge, Adilabad (for short, 'the Tribunal') vide order, dated

29.10.2007 in O.P.No.86 of 2006.

2. Brief facts of the case are that the claimant who was

working as Muneem (clerk) while proceeding in a company's Van

bearing No.AP-1-T-282, the driver of the van drove the vehicle in

a rash and negligent manner at high speed and lost control over

vehicle and the vehicle turned turtle, as a result of which,

claimant received multiple injuries all over his body.

3. The manner in which the accident had taken place and the

injuries received by the claimant are not disputed by either of

the parties.

4. The Tribunal found that the vehicle is a goods vehicle,

therefore the claimant being Muneem(clerk) in the company is

an unauthorized passenger.

5. Learned counsel appearing for the claimant would submit

that the policy is a comprehensive policy and the claimant who

was the Muneem(clerk) in the company, was travelling along

with the goods, hence, the Tribunal ought to have granted

compensation.

6. On the other hand, learned counsel appearing for the

Insurance company has relied on the judgment of this Court in

M.A.C.M.A.No.1490 of 2009, dated 19.06.2023. In the said

decision, this Court had set aside the compensation that was

granted towards gratuitous passenger.

7. The said finding of this Court is not in dispute, however the

claimant cannot be treated as unauthorized or gratuitous

passenger, for the reason, being an employee in the company,

was travelling along with the goods.

8. The claimant received one grievous injury and three simple

injuries. In view of the same, this Court deems it appropriate

to enhance the compensation as under:

Sl.                                    Amount awarded by
                 Head
No.                                       this Court

1.    One grievous injury                        30,000-00

2.    Three     simple      injuries             30,000-00
      (Rs.10,000/- each)

3.    Treatment       expenditure,               30,000-00
      transportation charges, extra
      nourishment.

      Total         compensation                 90,000-00
      awarded

9. In the result, the appeal is allowed enhancing the

compensation amount awarded by the Tribunal from

Rs.10,000/- to Rs.90,000/-. The enhanced amount shall be

deposited by the respondent Nos.1 and 2 jointly and severally

within a period of six (6) weeks from the date of this judgment.

The enhanced amount shall carry interest at 7.5% p.a.

from the date of petition till the date of realization. On such

deposit, claimant is permitted to withdraw the amount without

furnishing any security. There shall be no order as to costs.

Miscellaneous applications, pending if any, shall

stand closed.

______________ K.SURENDER Date:26.04.2024 ktm