Telangana High Court
Reliance General Insurance Company ... vs Kumari Nera Ankitha on 8 July, 2024
Author: P.Sree Sudha
Bench: P.Sree Sudha
THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
M.A.C.M.A.Nos.68 & 151 of 2024
COMMON JUDGMENT:
These appeals are filed against the Order dated
11.07.2023 in M.V.O.P.No.125 of 2015, passed by the learned
Chairman, Motor Accident Claims Tribunal-cum-Principal
District and Sessions Judge, Nizamabad.
2. The petition vide M.V.O.P.No.125 of 2015 was filed by one
Kumari Nera Ankitha, claiming compensation of Rs.2,00,000/-
for the injuries sustained by her in a road accident occurred on
24.01.2014. She examined herself as P.W.1 and also got
examined P.W.2 and marked Exs.A1 to A16 and also Exs.X1
and X2 on her behalf. R.W.1 was marked on behalf of the
respondents and marked Ex.B1 on their behalf. The trial Court
after considering the oral and documentary evidence on record,
directed the respondents to pay an amount of Rs.1,10,000/- @
7.5% per annum from the date of filing the petition till
realization, to the petitioner/claimant. Aggrieved by the said
award, petitioner therein preferred M.A.C.M.A.No.151 of 2024,
seeking to enhance the compensation amount granted by the
trial Court and respondent No.2/Insurance Company has
preferred M.A.C.M.A.No.68 of 2024, seeking to set aside the
Order of the trial Court.
3. Parties herein are referred as petitioner and respondents
as arrayed before the trial Court for the sake of convenience.
4. The learned Counsel for respondent No.2/Insurance
Company mainly contended that the insurance policy filed
under Ex.A15 is a fake policy and it is created for the purpose of
the case. He further disputed the awarding of the amount
towards medical bills and attendant charges and also the
granting of interest at the rate of 7.5% per annum. Therefore,
requested the Court to set aside the Order of the trial Court.
5. Perusal of the Order of the trial Court shows that
M.V.O.P.No.125 of 2015 was filed by the petitioner/injured,
aged about 16 years. She was a student, claiming compensation
of Rs.2,00,000/- for the injuries sustained by her. The doctor,
who was examined as P.W.2 stated that on 24.01.2014, he
examined the petitioner and found following injuries:
i) Swelling and deformity at right ankle and leg,
corresponding X-ray shows comminuted fracture medical
malleolus.
ii) Un-displaced fracture lateral malleolus right ankle,
which are grievous in nature.
6. In a counter filed by the respondent No.2, they stated that
policy certificate No.1807432312000726, valid from 06.02.2013
to 05.02.2014, was a false and fabricated document. It was not
issued by them. Since the owner of the Hero Honda motorcycle
bearing No.AP 25 AH 5245, was not insured with them, they are
not liable to pay compensation. The trial Court observed that
during Cross-examination of R.W.1, he did not bring any record
to the Court, pertaining to Ex.A15 and he admitted that their
Company did not lodge any complaint with police against agent
Deeva Pradeep, for fabricating fake policy. Moreover, insurance
Company has not issued any notice to the owner of the vehicle
regarding fake policy, as such the argument of the insurance
Company was not believed. The premium was paid by the
insured to the agent of the insurance Company and in the
Judgment of the Hon'ble Gujarat High Court, it was clearly held
that dispute about the fake policy can be between the owner of
the vehicle and insurance Company and rights of third party
cannot be affected. Considering the said fact, the trial Court
rightly held that respondents are jointly and severally liable to
pay compensation. Therefore, this Court finds no merits in
M.A.C.M.A.No.68 of 2024 and accordingly it is dismissed.
7. In M.A.C.M.A.No.151 of 2024, petitioner/injured stated
that she has to undergo a surgery for removal of implants and it
requires Rs.50,000/-. Apart from that she was advised bed rest
for a period of six weeks, as such she is entitled for Rs.22,500/-
(Rs.500/- x 45) and Rs.10,000/- for physiotherapy charges. She
further contended that an amount of Rs.50,000/- may be
granted for each grievous injury. She also contended that she
was a clever student, but due to injuries sustained by her, she
could not get good marks in her 10th class. In total, she is
entitled for an amount of Rs.3,82,500/- at the rate of 9% per
annum.
8. Anyway, petitioner claimed an amount of Rs.2,00,000/-
before the trial Court. The trial Court granted an amount of
Rs.25,000/- for each injury and it needs no interference. As she
stated that she has to undergo surgery for removal of implants,
she is entitled for an amount of Rs.50,000/- for future surgical
expenses. So also, she is entitled for Rs.22,500/-, as she was
advised bed rest for six weeks, Rs.29,702/- for medical
expenses, Rs.10,000/- for extra nourishment, Rs.10,000/- for
attendant charges and Rs.10,000/- towards transportation. She
is also entitled for an amount of Rs.10,000/- towards
physiotherapy charges.
9. Therefore, the petitioner/injured is entitled for the
compensation in the following terms:
1. Injuries Rs.50,000/-
2. Future Surgical Expenses Rs.50,000/-
3. Loss of earnings Rs.22,500/-
4. Medical expenses Rs.29,702/-
5. Physiotherapy charges Rs.10,000/-
6. Attendant charges Rs.10,000/-
7. Extra nourishment Rs.10,000/-
8. Transportation Rs.10,000/-
TOTAL Rs.1,92,202/-
10. In the result, M.A.C.M.A.No.68 of 2024 is dismissed and
M.A.C.M.A.No.151 of 2024 is partly allowed by enhancing the
compensation amount granted by the trial Court from
Rs.1,10,000/- to Rs.1,92,202/- (Rupees One Lakh Ninety Two
Thousand Two Hundred and Two only) with interest at the rate
of 7.5% per annum from the date of filing the petition till the
date of realization. Though all respondents are jointly and
severally responsible to pay compensation, respondent
No.2/insurance Company is directed to deposit the entire
amount within a period of one month from the date of this
Judgment. On such deposit, appellant/petitioner is
permitted to withdraw the said amount along with interest
accrued on it. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand
closed.
_________________________
JUSTICE P.SREE SUDHA
DATE: 08.07.2024
tri
