CRP/3193/2003 of Smt.Ganta Suseelamma Vs Mr.Gambali Venkataram on 29 December 2003

COMMON JUDGMENT:

I have heard Sri Srinivasa Rao Vutla, learned counselappearing for the appellant and Sri V.Achutharam, learned counselappearing for the respondents.

2. C.R.P.No.2854 of 2003 is filed by the United India InsuranceCompany Limited challenging the Award, dated 05.12.2002 passed bythe Motor Accident Claims Tribunal-cum-V Additional Chief Judge,City Civil Court, Hyderabad in M.V.O.P.No.2097 of 2000.

3. MA.C.M.A.No.3032 of 2003 is filed by the United IndiaInsurance Company Limited challenging the Award, dated 05.12.2002passed by the Motor Accident Claims Tribunal-cum-V Additional ChiefJudge, City Civil Court, Hyderabad in M.V.O.P.No.1780 of 2000.

4. MA.C.M.A.No.3193 of 2003 is filed by the United India Insurance Company Limited challenging the Award, dated 05.12.2002passed by the Motor Accident Claims Tribunal-cum-V Additional ChiefJudge, City Civil Court, Hyderabad in M.V.O.P.No.1779 of 2000.

5. MA.C.M.A.No.3276 of 2003 is filed by the United IndiaInsurance Company Limited challenging the Award, dated 05.12.2002passed by the Motor Accident Claims Tribunal-cum-V Additional ChiefJudge, City Civil Court, Hyderabad in M.V.O.P.No.2098 of 2000.

6. MA.C.M.A.No.3289 of 2003 is filed by the United IndiaInsurance Company Limited challenging the Award, dated 05.12.2002passed by the Motor Accident Claims Tribunal-cum-V Additional ChiefJudge, City Civil Court, Hyderabad in M.V.O.P.No.1778 of 2000.

7. MA.C.M.A.No.1807 of 2005 is filed by the United IndiaInsurance Company Limited challenging the Award, dated 11.03.2002passed by the Motor Accident Claims Tribunal-cum-I Additional DistrictJudge, Ranga Reddy District, L.B.Nagar in M.V.O.P.No.937 of 2000.

8. MA.C.M.A.No.1971 of 2007 is filed by the United IndiaInsurance Company Limited challenging the Award, dated 05.12.2002passed by the Motor Accident Claims Tribunal-cum-V Additional ChiefJudge, City Civil Court, Hyderabad in M.V.O.P.No.1777 of 2000.

9. All these appeals and civil revision petition have been filed bythe appellant/insurance company challenging the finding of thelearned Tribunal below with regard to liability to pay compensation tothe claimants/respondents.

10. Since all these appeals and revision petition have been filed bythe same insurance company and the same question arises forconsideration in respect of the same accident, though the claimantsare different, all these matters are disposed of by the commonjudgment.

11. The brief facts necessary for considering these appeals andrevision are as follows:

According to the claimants, the deceased inM.A.C.M.A.No.1807 of 2005 and the injured claimants boarded a vanbearing No.ATT 9293 belonging to Shaik Abdul Kareem, secondrespondent along with vegetables for the purpose of selling them in themarket on 26.08.2000 and on the way at about 02.15 PM, the driver ofthe van lost control over the vehicle, as a result of which the vehicleturned turtle. The persons, who travelled in the van along with theirgoods (vegetables) sustained injuries. Out of them, the deceased inMACMA.No.1807 of 2005 died in consequence of the injuries receivedin the accident and therefore, his legal representatives filed claimpetition on account of his death in the motor vehicle accident; whereasthe remaining cases have been filed by the injured claimants.

12. The appellant/insurance company contended before thelearned Tribunal that all the persons, who received injuries weretravelling in the van which is a goods vehicle as passengers andtherefore, the appellant/insurance company is not liable to paycompensation.

13. In all the cases, the evidence was let in by the claimants to the effect that the persons were travelling in the van at the time of theaccident as owners of the goods viz. the vegetables and therefore, thecontention of the claimants in all these cases is that the insurancecompany is liable to pay compensation.

14. The learned Tribunal considering the evidence adduced onbehalf o the claimants recorded a specific finding that the persons,who received injuries, were travelling in the van as the owner of thegoods and that the insurance company cannot avoid liability to paycompensation. The Tribunal also took into consideration the fact thatno contra evidence showing that the persons travelled in the vehicleas passengers was adduced by the appellant/insurance company. Section 147(1)(i) of the Motor Vehicles (Amendment), Act which camein to force with effect from 14.11.1994 lays down that the insurancecompany is liable to pay compensation in respect of death or bodilyinjury to any person including owner of the goods or his authorizedrepresentative carried in the vehicle or damage to any property of thethird party caused by or arising out of the use of the vehicle in thepublic place.

15. In the instant cases, admittedly, all the persons, who areagriculturists, are carrying the vegetables to sell them in the marketand therefore, undoubtedly they can be said to be the owners of thegoods, as rightly held by the learned Tribunal. In view of the fact thatthe accident occurred on 26.08.2000, the insurance company is liableto pay compensation to the claimants. Therefore, the finding of theTribunal that the owner and insurance company are jointly andseverally liable to pay compensation cannot be interfered with.

However, the interest awarded by the Tribunal below at the rate of 9%per annum being on higher side, is reduced to 7.5% per annum fromthe date of petition till the date of realisation.

16. For the foregoing reasons, the appeals and revision petitionfiled by the insurance company fail and they are dismissed. However,as the interest awarded by the Tribunal below at the rate of 9% perannum being on higher side is reduced to 7.5% per annum from thedate of petition till the date of realisation. There shall be no order as tocosts.

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Date: 31.01.2012 R. KANTHA

RAO, J

kvrm

CRP NO. 2854 OF 2003,CMA NO. 3032 OF 2003, CMA NO. 3193 OF 2003,CMA NO. 3276 OF 2003,CMA NO. 3289 OF 2003,CMA NO. 1807 OF 2005,ANDCMA NO. 1971 OF 2007

DATE: 31.01.2012