MACMA/415/2013 of The New India Assurance Co Ltd Vs Kasarla Maisaiah on 30 December 2015

JUDGMENT::

MACMA No.415 of 2013

This appeal is filed by the insurance company against the order dated 05-10-2005 passed in OPNo.201 of 2000 by the Motor Accident Claims Tribunal-cum-VI Addl. District Judge (FTC), Nizamabad atKamareddy, wherein the Tribunal, as against the claim ofRs.1,00,000/-, granted compensation of Rs.68,000/-towards the injuries sustained by the 1[st] respondent-claimant in the motor accident that occurred on 14-12-1999.

2. Facts stated are:-The claimant on the fateful day atabout 7-00 pm was travelling in auto bearingregistration no.AP 25T 6339 from Boargaom toNizamabad side along with other passengers and whenthe auto reached near outskirts of Boargaom village, thedriver of the auto drove it in a rash and negligent mannerwith high speed and gave dash to a motor cycle, due tothe impact of the same, turned turtle, due to which theclaimant received fracture injuries.

3. Learned counsel for the appellant-insurancecompany contended that though the driver of the auto inquestion, in which the claimant was travelling, was notsupposed to drive any passenger motor vehicle withoutAPPSV driver’s badge and thus violated the conditions of driving licence, insurance company is not liable andrespondent no.2-owner of the auto in question alone isresponsible to pay the compensation to the claimant. Onthe other hand, learned counsel for claimant-respondentno.1 contended that though the driver of the auto inquestion was not having APPSV driver’s badge, it wasonly a violation of policy condition but the auto inquestion is covered by a valid policy. Learned counselfurther contended that by applying the principle laiddown by the Supreme Court in NATIONAL INSURANCECOMPANY LIMITED vs. SWARAN SINGH (2004 ACJ

1) the insurance has to pay the compensation tothe claimant and recover from the owner of the auto inquestion. Learned counsel also submitted that thecompensation awarded by the Tribunal is very low and isnot commensurate with the injuries sustained by theclaimant.

4. There is no dispute as to the date and nature of theaccident and the fact that the claimant sustained injuriesin the said accident. The only dispute is with regard tothe quantum of compensation and the liability of theinsurance company to pay the compensation.

5. To prove his claim, the claimant himself filedaffidavit in lieu of examination as PW-1. Ex.A-3 is theinjury certificate wherein the claimant is shown to havesustained one grievous injury, which is facture to rightankle, lacerated wound over heel aspect depth 1” x 1/2”, abrasion on leg lateral aspect and abrasion of right handpalm. These injuries sustained by the claimant werecertified by the doctor who treated the claimant andexamined as PW-2. Ex.A-4 is the disability certificateissued by PW-2 doctor. Exs.A-3 and A-4, coupled withthe evidence of PWs.1 and 2 prove that the claimantsustained injuries. The Tribunal granted Rs.20,000/-towards grievance injuries, Rs.9,000/- towards simpleinjuries, Rs.27,000/- towards medical bills which arecovered by Exs.A-6 and A-8 and Rs.12,000/- towardsloss of earnings, totalling to Rs.68,000/-. Thecompensation granted by the Tribunal is based onacceptable evidence and the same warrants anyinterference. So far the question of liability to pay thecompensation is concerned, in the light of the decision inSwaran Singh’s case supra, the appellant-insurancecompany is liable to pay the compensation to theclaimant and recover from the owner of the auto inquestion in the view of the fact that auto in question iscovered by valid policy. However, the rate of interest granted by the Tribunal at 9% per annum is reduced to7.5% per annum.

6. In the result, the appeal is disposed of and theorder of the Tribunal is modified to the extent indicateabove. Miscellaneous petitions, if any pending in thiscase shall also stand disposed of. There shall be no order as to costs.

___________________________

A. RAJASHEKER

REDDY, J

Dated: 30[th] December, 2015

NRG

HON’BLESRIJUSTICE A.RAJASHEKER REDDY

MACMA No.415 of 2013

NRG

DATED 30-12-2015