Andhra Pradesh High Court

MACMA/954/2010 of Nalla Ramu, Vs Goru Narayana, on 31 December 2019

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ANDHRA PRADESH: AMARAVATI CHIEF JUSTICE J.K. MAHESHWARI M.A.C.M.A.No.954 of 2010 Nalla Ramu, S/o.Appalanaidu, Hindu, Male, Aged 20 years, Cooli, near China Ramalayam, Chodidibba, Eluru, West Godavari District … Appellant Versus Goru Narayana, S/o.Anjaiah, SC Mala, Aged 30 years, driver of

HIGH COURT OF ANDHRA PRADESH: AMARAVATI

CHIEF JUSTICE J.K. MAHESHWARI

M.A.C.M.A.No.954 of 2010

Nalla Ramu, S/o.Appalanaidu, Hindu, Male, Aged 20 years, Cooli, near China Ramalayam, Chodidibba, Eluru, West Godavari District … Appellant

Versus

Goru Narayana, S/o.Anjaiah, SC Mala, Aged 30 years, driver of truck auto R/o.Sagipadu, Kamavarapukota Mandal, Chp. JCJC and others … Respondents Counsel for the appellant : Counsel for the respondent No.3 : Counsel for other respondents :

None appeared Ms.S.Pranathi None appeared despite service

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ORAL JUDGMENT

Dt:31.12.2019

This appeal is arising out of the Award dated 04.01.2010 passed by the Motor Accidents Claims Tribunal (II Additional District Court), West Godavari at Eluru, awarding a sum of Rs.1,50,000/- compensation in a case of injury. On perusal of the impugned award, it reveals that the Tribunal calculated total compensation of Rs.1,83,000/-, under the following heads:

a)Towards injuries ... Rs.25,000/- b)Towards disability ... Rs.1,53,000/- b)Towards disability Rs.1,53,000/-

c)Towards medical expenses ... Rs.5,000/- Total:

… Rs.1,83,000/-.

2. However, the Tribunal restricted the award because the claim is Rs.1,50,000/- only. It is seen that the Tribunal exonerated respondent No.6-insurance company on the ground that the driver of the vehicle was not found at fault, while respondent No.3-insurance company was exonerated because the driver was not having a valid driving licence.

3. On perusal of the facts of the case, it is seen that accident has been found proved due to negligence of the driver, and the insurance company has been exonerated due to the driver not having valid driving licence. Recently, the Hon’ble Supreme Court in Pareed Pillai vs Oriental Insurance Co. Ltd[1]has laid down the law by which if there is breach of policy, direction to pay and recover may be issued, however, applying the ratio as laid down in the said judgment, we set aside the finding of the Tribunal insofar as respondent No.3 insurance company is concerned.

4. So far as restricting the award only to Rs.1,50,000/- is concerned, in view of the judgment of Hon’ble The Supreme Court in the case of Nagappa Vs. Gurudayal Singh and others[2] relied upon in Ramla Vs. National Insurance Company Limited[3], there is no restriction that compensation could be awarded only up to the amount claimed by the claimant. In an appropriate case, where from the evidence brought on record if the Court considers that the claimant is entitled to get more compensation than claimed, the Court may pass such award. Accordingly, the findings so recorded by the Tribunal to that effect, have no substance.

5. Considering the aforesaid, compensation as calculated by the Tribunal at Rs.1,83,000/- in total is hereby awarded.

6. Accordingly, the appeal is allowed. The compensation of Rs.1,83,000/- as valued by the Tribunal be first paid by respondent No.3 - insurance company and then be recovered from the owner and driver taking recourse of law. The amount hereby enhanced shall carry interest at the rate of 6.5% per annum from the date of filing of the petition till realisation. If the compensation amount has already paid by the owner, it be adjusted. No order as to costs.

As a sequel, all pending miscellaneous applications shall stand disposed of.

J.K. MAHESHWARI, CJ MRR

3 2019 ACJ 559

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