Dismissed

The New India Assurance Co. Ltd. Rep. by Its Dm, , and Another v. N. Narayana Reddy and Another

Telangana HC14 Jun 2018MACMA/1421/2006

Case brief

AI extract

What is this about?

An insurer and the owner of an offending vehicle appealed against a Motor Accident Claims Tribunal order awarding Rs.1,15,000 as compensation to the claimant. The single judge dismissed the appeal, finding no merit as the Tribunal correctly assessed disability at 40% and awarded the claimed amount.

What did the court decide?

Confirmation of the Tribunal order dated 02.02.2006 awarding Rs.1,15,000/- to the claimant.

The New India Assurance Co. Ltd. Rep. by Its Dm… — Motor Accident Claims | Telangana HC (2018)

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THE HON’BLE Dr. JUSTICE SHAMEEM AKTHER

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M.A.C.M.A. No.1421 OF 2006

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JUDGMENT:

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This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) aggrieved by the order dated 02.02.2006 passed in O.P. No.1491 of 2002 on the file of the Chairman, Motor Accident Claims Tribunal-cum-XII Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad (for short, ‘the Tribunal’), whereby the Tribunal granted Rs.1,15,000/- with interest at 7.5% per annum towards compensation to the 1^st respondent herein for the injuries sustained by him in a road accident occurred on 27.04.2001. The appellantsinsurer are respondent Nos.2 and 3, the 1^st respondent herein is the petitioner and 2^nd respondent herein-owner of the offending vehicle is the 1^st respondent in the original petition before the Tribunal.

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Heard the learned Standing Counsel for the appellants-insurer and perused the record. Though served with notice, none appeared for the 1^st respondent herein-petitioner. The appeal against the 2^nd respondent hereinowner of the offending vehicle is dismissed for default vide order dated 07.04.2017.

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As seen from the record, in the appendix of evidence column of the impugned order, there is no mention of P.W.2-doctor and Ex.A.8-disability certificate. The material on record reveals that P.W.2-doctor was examined on Advocate-commission. Through his evidence, Ex.A.8-disability certificate was marked. So, basing on the evidence of P.W.2-doctor and Ex.A.8-disability certificate, the Tribunal had assessed 40% disability to the 1^st respondent hereinclaimant, calculated the compensation towards disability as Rs.1,58,400/- and granted Rs.1,00,000/- since the claim was made for Rs.1,00,000/- towards disability suffered by the claimant. The Tribunal also granted Rs.15,000/-

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Dr. SA,J MACMA No_1421_2006

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towards medical expenses. In all, the Tribunal granted Rs.1,15,000/- as compensation.

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As per the medical and oral evidence, the claimant sustained fracture of left leg. Further, as per the evidence on record, the claimant was aged 55 years. The Tribunal by applying multiplier ‘11’, assessed the compensation towards 40% disability suffered by the claimant at Rs.1,58,400/and restricted it to Rs.1,00,000/-. The Tribunal rightly granted an amount of Rs.15,000/- towards medical expenses. These findings are based on record. There are no circumstances to vary or reduce the compensation awarded by the Tribunal. Therefore, this appeal is devoid of merit and is liable to be dismissed.

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In the result, this appeal is dismissed confirming the order dated 02.02.2006 passed by the Tribunal in O.P. No.1491 of 2002.

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Miscellaneous Petitions pending, if any, shall stand closed. There

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shall be no order as to costs.

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_________________________ Dr. SHAMEEM AKTHER, J

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Date: 14.06.2018 siva

The New India Assurance Co. Ltd. Rep. by Its Dm, , and Another v. N. Narayana Reddy and Another

Case brief

What is this about?

What did the court decide?

The New India Assurance Co. Ltd. Rep. by Its Dm, , and Another v. N. Narayana Reddy and Another

Case brief

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What did the court decide?

What the court decided

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