Ryakala Ramaiah Died And 3 Ors vs G.Ramesh And Anr
2024 Latest Caselaw 606 Tel

Telangana High Court

Ryakala Ramaiah Died And 3 Ors vs G.Ramesh And Anr on 13 February, 2024

           THE HON'BLE SRI JUSTICE K.SURENDER

                  M.A.C.M.A. No.2009 OF 2007

JUDGMENT:

1. Appellants-claimants who are the wife and children of the

deceased filed this appeal against the Order and Decree dated

03.04.2007 in O.P.No.340 of 2005 on the file of the Motor Accident

Claims Tribunal-Cum-I Additional District Judge, Mahboobnagar,

where under the Tribunal granted an amount of Rs.6,80,00/-

towards compensation along with interest @ 7.5% per annum as

against the claim of Rs.15,00,000/- on account of the death of the

deceased in the motor vehicle accident occurred on 18.02.2005.

2. The manner of accident and the death of the deceased on the

spot who is the husband and father of the appellants herein is not

disputed and the appellants challenged the impugned award only on

the quantum of compensation awarded by the Tribunal. Therefore,

this Court is not inclined to go into other details other than the

quantum of compensation.

3. Heard the learned counsel for the appellants and the learned

counsel for the 2nd respondent-Insurance Company.

4. The deceased was working as Police constable at the time of

his death and was aged about 36 years. He was drawing gross

salary of Rs.7,114/-. The death occurred on account of accident on

18.02.2005 while he was attending his duties at check post near

Raikal along with his colleague. The deceased was passing urine by

the left side of the road, a lorry from Jadcherla with a load of iron

rods came in a rash and negligent manner with a high speed and

ran over the deceased resulting in his death.

5. The Tribunal at paragraph No.18 of the judgment reduced 25%

of the compensation granted on the ground of contributory

negligence. In the evidence of the witnesses and discussion of the

Tribunal, it is not mentioned that the petitioner was standing on the

road when the accident had taken place. At para No.14, the

Tribunal assumed that the deceased was not standing on the edge of

the road and was standing 2 feet inside the road, since the dead

body was found on the road and lorry driver would have suddenly

spotted the deceased and failed to save the deceased for the reason

of not being at a safer distance. The said findings were made

without proof and on the basis of assumption contrary to facts and

circumstances of the accident. It is the case of the witnesses that

the deceased was not standing on the road and there are no logical

conclusions by the Tribunal to state that the deceased was standing

2 feet inside the road.

6. In the said circumstances, the findings of the Tribunal

regarding contributory negligence and reduction of 25% of the

compensation is hereby set aside. As such, the appellants are

entitled for total compensation of Rs.9,18,132/- instead of

Rs.6,80,00/- without reducing 25% towards contributory negligence.

7. Accordingly, the Motor Accident Civil Miscellaneous Appeal is

partly allowed. The difference amount of Rs.2,38,132/-shall carry

interest @ 7.5% per annum from the date of petition till the date of

realization. Except the above enhancement, the award of the

Tribunal shall remain same on all other aspects. There shall be no

costs.

8. Miscellaneous petitions pending, if any, shall stand closed. No

costs.

__________________ K.SURENDER, J Date : 13.02.2024 dv