Sallagarige Narsing Rao vs Ch. Ganga Sagar And Anr.
2024 Latest Caselaw 2392 Tel

Telangana High Court

Sallagarige Narsing Rao vs Ch. Ganga Sagar And Anr. on 25 June, 2024

             THE HON'BLE SRI JUSTICE K.SURENDER

                    M.A.C.M.A No.3954 OF 2008

JUDGMENT:

1. Aggrieved by the award and decree dated

09.11.2005 in O.P.No.1690 of 2001 on the file of the Chairman, Motor

Accidents Claims Tribunal (V Additional District Judge), Nizamabad, the

claimant has filed this appeal for enhancement of the compensation

amount.

2. Heard the learned counsel for the appellant-claimant and the

learned Standing Counsel for respondent No.2-United India Insurance

Company Limited.

3. The case of the appellant is that he is the owner of the vehicle in

which he was travelling and on account of the driver losing control of the

vehicle and drove the same at high speed in rash and negligent manner,

dashed against a Mango Tree which was beside the road, due to which he

and other inmates of the said jeep sustained multiple and grievous

injuries. The tribunal having found that policy was a comprehensive

policy concluded that since no separate premium was paid covering the

risk of the owner of the vehicle, the Insurance Company was exonerated

and directed the driver to pay compensation. The said finding of the

tribunal that separate premium was not paid so far as owner is concerned

is not tenable since the policy is comprehensive policy. For the said

reason, the owner also be covered in the comprehensive policy.

Accordingly, the Insurance Company is liable to pay the compensation.

4. It is not in dispute that appellant received grievous and simple

injuries. In Ex.A4, doctor found that 10th and 11th ribs of left side were

fractured which is grievous in nature and injuries on left knee, left clavicle

crack, legs, hands, back, head, chest, face and other parts of the body

which are simple in nature.

5. In view of the same, this Court deems it appropriate to grant the

following compensation.

1. Grievous injuries Rs.40,000/-

2. Simple injuries Rs.10,000/-

3. Pain and Suffering Rs.25,000/-

4. Medical treatment/medicines Rs.20,000/-

5. Attendant Charges 5,000/-

TOTAL Rs.1,00,000/-

6. In the result, the M.A.C.M.A is partly allowed granting

compensation of Rs.1,00,000/- with interest at the rate of 7.5 % per annum

from the date of petition till the date of realization to be payable by the

respondent No.2 within a period of one(1) month from the date of receipt

of a copy of this order. On such deposit of the amount, the claimant is

entitled to withdraw the same.

Pending miscellaneous petitions, if any, shall stand closed. No

order as to costs.

_______________________ JUSTICE K.SURENDER Date : 25.06.2024 ssy