Telangana High Court
Shaik Javeed vs V.Sundhar Raju on 31 July, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.20 of 2009
JUDGMENT:
The appellant/claimant filed the present appeal as he
was unsuccessful to seek compensation in O.P.No.467 of 2005
on the file of the Chairman, Motor Accident Claims Tribunal-
cum-II Addl. District Judge (FTC) at Adilabad (Fast Track
Court), Nizamabad.
2. Heard both sides and perused the entire material on
record.
3. The claimant has filed claim petition seeking
compensation of Rs.1,00,000/- on account of the injuries
sustained by him in the accident. The Tribunal had assessed
the compensation at Rs.36,000/-.
4. The case of the claimant is that while himself along with
his wife were going on a motorcycle, the offending vehicle which
is a Toyota Qualis came at high speed in a rash and negligent
manner and hit the motorcycle from behind, resulting in falling
down of claimant and sustaining injuries.
KS, J
MACMA_20_2009
5. The Tribunal found that though it is the case of the
claimant that the Qualis vehicle bearing No.AP 10AE-6197 was
responsible for the accident, however, denied to grant
compensation on the ground that negligence was not proved on
the part of the driver of Qualis vehicle.
6. Learned counsel for the appellant would submit that in
the FIR itself, it was mentioned that the Qualis vehicle was
responsible for the accident, however, the final report of the
investigation was not filed before the Tribunal. That in itself
would not disentitle the claim of the claimant since the petition
was filed under Section 163-A of the M.V.Act.
7. In a claim petition filed under Section 163-A of the
M.V.Act, proof of 'fault' is dispensed with. Admittedly, the
accident happened in between Qualis vehicle and two wheeler
on which, the claimant was going. The claimant has chosen to
prosecute Qualis vehicle owner and its insurer since the driver
of Qualis vehicle was at fault. However, dispensing the proof of
who was at fault, compensation can be granted under Section
163-A of the M.V.Act.
KS, J
MACMA_20_2009
8. Accordingly, this Court deems it appropriate to grant
compensation of Rs.36,000/- as arrived at by the Tribunal.
9. In the result, the Motor Accident Civil Miscellaneous
Appeal is partly allowed by modifying the order of the Tribunal
dated 10.11.2008 in O.P.No.467 of 2005 to the extent of finding
of liability of respondents is concerned and the claimant is
granted compensation of Rs.36,000/-, as hereunder:
(a) The compensation amount shall carry interest at
7.5% p.a. from the date of petition till the date of
realization.
(b) Respondents shall deposit the amount within a
period of (8) weeks from the date of receipt of copy of
judgment. On such deposit, claimant is entitled to
withdraw the entire amount without furnishing any
security.
Pending miscellaneous petitions, if any, shall stand
closed. No order as to costs.
__________________
K.SURENDER, J
Date : 31.07.2024
gvl
