Partly allowed

Nayadu Venkateswarlu [Died] and 4 Ors. v. Nakka Rambabu and 2 Ors.

Telangana HC7 Aug 2023MACMA/264/2011

Case brief

AI extract

What is this about?

This Motor Accident Claims Tribunal Appeal challenged the quantum of compensation awarded by the lower Tribunal. The High Court held that the insurance company must pay the compensation at the first instance and is entitled to recover it from the driver due to policy violations, partly allowing the appeal.

What did the court decide?

Respondent 3 (Insurance Company) directed to pay Rs. 41,809/- with interest; liberty granted to recover same from Respondent 2.

Nayadu Venkateswarlu [Died] and 4 Ors. Vs Nakka… — Motor Accident Claims | Telangana HC (2023)

I I I I i I

[³³⁰⁴ ]

I I i i I t

I I I

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO

¶6

MONDAY, THE SEVENTH DAY OF AUGUST

¶7

TWO THOUSAND AND TWENTY THREE

¶8

PRESENT

¶9

THE HONOURABLE SRI JUSTICE NAMAVARAPU RA'ESHWAR RAO

¶10

M.AC.M.A. NO: 264 OF 2011

¶11

;

¶12

Appeal under Section 173 of Motor Vehicles Act against the order and decree 'in M.A.T.O.P.No.74 of^2OO2 dated 30.07.2007 on the^{file of} the Court of^the Chairman Motor Accident Claims Tribunal-cum-lll Additional District Judge^(FTC) Khammam.

¶13

Between:

¶14

Nayadu Venkateswarlu [DIED],

¶15

Nayudu Rama Devi, Wo.late Venkateswarlu Ryo.Navabharath, Palvoncha, Khammam District.

¶16

Nayudu Naresh, S/o.late Venkateswarlu Rt/o-Navabharalh, Palvoncha, Khammam District.

¶17

Nayudu Sukanya, D/o.late Venkateswarlu Rl/o. Navabharath, Palvoncha, Khammam District.

¶18

Nayudu Padma, D/o.late Venkateswarlu

¶19

[appellants^{3 to 5 are being minors rep by their mother as guardian]}

¶20

...APPELLANT/CLAIM PETITIONERS

¶21

AND

¶22

¶23

. 1. Nakka Rambabu, S/o.Mysaiah Driver Ri/o.H.No.1-124, Chattakonda,

¶24

,l Kothagudem, Khammam District. '1 2 D.Sudhakar, S/o.Narsaiah, Adult Rl/o.chambalgudem, Tekulapalli Mandal, Khammam District.

¶25

United lndia lnsurance Company, rep by its Branch Manager O/o.Bandar

¶26

'r Road, Patamata, Vijaywada, Krishna District.

¶27

...RESPONDENTS/RESPONDENTS

¶28

Counsel for the Appellants: SMT. VANGA ANITA

¶29

Counsel for the Respondent No.3: SRI CHALLA SRINIVASA REDDY

¶30

Counsel for the Respondents No.l & 2: NONE APPEARED

¶31

The Court delivered the following: JUDGMENT

¶32

THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR^RAO

¶33

M.A.C.M.A.NO.264 0F 20lL

¶34

JUDGMENT:

¶35

This M.A.C.M.A is hled under Section 173 of the Motor Vehicles Act, 1988 by the appellants/claimants aggrieved by the order and decree dated 3O.O7 .2OO7, passed in O.P.No.74 of^2OO2 by the .ludge, Motor Accidents Claims Tribunal-cum-lll Additional District Judge (FTC-ll) Khammam (for short 'the Tribunal" )

¶36

[ior convenience, the parties will be hereinafter referred to as they arc arrayed before the Tribunal.

¶37

Brief facts of the case a-re that on OB. 1 1.20O 1, the petitioner, and somc othcrs boardcd thc auto bearing No.AP 20U-6941 at Palavoncha to go to Kothagudem. When the auto reached near Mylaram cross-road, Kothagudem, at about O7:30 p.m, respondent No.1, who was the auto driver bearing No.AP.20-U 5836 came in rashly and negligently at high speed. It dashed against the auto where the lst petitioner and some others were travelling in opposite directions. As a result, the 1"t petitioner received ;r fracture of the basc of the first metal carpal bone, a compound fracture of both bones of the left leg and some simple injuries on the upper lid and left side of the

¶38

¶39

¶40

It R N..t \1.( \l \ 16l l0ll

¶41

I i I ii I I ';

¶42

forehead. On a complaint, III town police, Kothagudem, registered a case in Cr.No.144 of 2011 under Section 337 lPC.

¶43

Beforr the Tritrunal, respondent Nos. 1 and 2^rt'maint:d exparte. Respondent No.3 filed a counter, denying^the averments of the claim petition and^{prayed to dismiss the} petitron

¶44

Considering the claim, counter^{and the evidence, both oral} and documentary, brought on^{record,the Tribunal allorvedthe} O.P. in part awarding compensation of^{Rs.4l,8O9/-together} with interest at 7.SYo p.a. from the^{date of the petitiorl till its} deposit. Challenging the^{quantumof compensation as meagre,} the petitioner has filed the^{presentappeal.}

¶45

Heard both sides and^{perusedthe materialavailableon} record.

¶46

The short question that^{arises for considerationin this} appeal is:

¶47

"Whether th,e compensation^{awardedbg the} Tibunal is^just and^equitoble"?

¶48

During the pendency^{of the aforesaidO'P, the1'r} petitioner died. Later, the^{L.Rs of the l'tpetitioner came on} record, and the L.R's^{would only be entitted to compensation} under the heads, such^{as medical expenscs and attendant}

¶49

It RN.J MACMA 264 20II

¶50

I I

¶51

¶52

charges. The Tribunal awarded Rs.3 1,609/ - towards medical expenses, Rs.S,2OO/- towards loss of earnings for four months and Rs.5,O00/- towards attendant charges. This Court is not inclined to interfere with the compensatiorr awarded under these heads as the same is just and reasonable.

¶53

l,earncd counsel for the petitioners submits that the Tribunal awarded the compensation only against respondent Nos.1 and 2. As per the averments of respondent No.3, respondenr No.3 is denving its liability by contending that respondent No. t has no valid driving licence and the vehicle was not road worthy. He has also specifically pleaded that respondent No.1 r.r,as authorised to drive the auto rickshaw non transport only. As per the decision of the Honble Supreme Court in Kuluqnt Singh and. Others Vs. Orlental Insurance

¶54

Compang Limited, the Frnding of the Tribunal is wrong, once, a license exists to run a vehicle, the question of transport or non_ transport does not arise.

¶55

This Court, having considered the rival submissions of both part.ies, is of the considered view that the Tribunal erred in noticing the fact that Ex. 82 driving license is very much available but did not direct the respondent No.3 Insurance company to pav the compensation amount and then recover the

¶56

¶57

RR.I l\4A( N{A l6J 20

¶58

I I

¶59

same from the 2"d respondent. Therefore, in vieu, of the violation of policy conditions, this Court is inclined to apply the principle of pay and recover irr the present case.

¶60

I 1 . In the result, the MACMA is partly allowed. The 3,d respondent is directed to pay the compensation amount of Rs.41,809/- with interest at 7.5o/o per annum from the date of petition till the date of deposit to the petitioners at thc lirst instance and then it is at liberty to recover the same from the 2",1 respondent. Respondent No.3 shall deposit the compensation amount together with interest and costs u,ithir-r two months lrom the date of receipt of the copl' of this judgment. On such deposit, the petitioners shall apportion the compensation in the manner and ratio as directcd b'"' the Tribunai. There shall be no order as to costs

¶61

Miscellaneous petitions, if any, pending shall stand closed

¶62

SD/-P.CH.NAGABHUSH BA
ASSISTANT REGIS R
ia
//TRUE COPY//
3: ii
'i 1s .i I
*; SECTION OFFICER
+,j
'Toi

¶63

;r 1. The Chairman. Motor Accident^Claims Tribunal<um-lll^{Additional District} f, Judge (FTC-lll) at Khammam.(with^{records if any)} $^{z. One CC to Smt. Vanga Anita, Advocate} [OPUC] *+e.^{On" CC to Sri Challa Srinivasa Reddy,Advocate} [OPUCI i '4. Two CD Copies

¶64

:,^ASR2/plp

¶65

¶66

$[1 .i' -a;:1, , .* .4 J) *{rt Ft' I' fis {H!G H COURT . :.,f, i ,)t '. .DATED:07lOBl2O23! :

¶67

:i-=1

¶68

.J:I {i ,.}: ',F :r'.ttt j : J.,, I r'J *[ , i. SE ItH i,'*i #;h tfl r 1,r. ffi: 'i :j.i #+#$ DGMENT .,1,.' $$ . ! lr.' : iMACMA.N0.264 ot 2011 _4. {.' ,t:.: '.t ,j s:ta * ), f + ,l s &fi . .t i . rt.rlt, .^,.r,.! f , I .,] RTLY/ALLOWING THE MiA:C.M.A,)i, ITHOUT.COSTS. "v-{ r?

¶69

.\ He ST4 14:
(
e ^ I
oo5 [ 2 FEB 2U1
i
* *
r-rAT 90

¶70

fi,#i

¶71

ir q -. {., !.{<!; t-^'t! {l

¶72

I t

¶73

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶74

c iJ 1 , 1. :{

¶75

¶76

MONDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENW THREE

¶77

1 ' PRESENT i .5, a,{

¶78

TI1E 1IONOURABLE SRI JUSTICE NAMAVARAPU RA'ESI{WARRAO

¶79

M.A.C.M.A. NO:264 oF 2011

Ir^,:

een:

l-t

Nayadu Venkateswarlu [DIED],

¶84

:,2 Nayudu Rama Devi, Wo.late Venkateswarlu Rl/o.Navabharath, Palvoncha,
i Khammam District.
3 Nayudu Naresh, S/o.late Venkateswarlu R:/o.Navabharath, Palvoncha,
Khammam District.

¶85

Nayudu Sukanya, D/o.late Venkateswarlu R/o-Navabharath, Palvoncha, Khammam District.

¶86

Nayudu Padma, D/o.late Venkateswarlu

¶87

I
i
t!,
D

¶88

[appellants^{3 to 5 are being minors rep by their mother as guardian]}

¶89

...APPELLANT/CtAIM PETITIONERS

¶90

;. ' Nakka Rambabu, S/o.Mysaiah Driver Rl/o.H.No.1-124, Chaftakonda, Kothagudem, Khammam District.

¶91

., D.Sudhakar, S/o.Narsaiah, Adult Fl/o.chambalgudem, Tekulapalli Mandal, Khammam District.

¶92

.:?

¶93

:United lndia lnsurance Company, rep by its Branch Manager O/o.Bandar .. Road, Patamata, Vilaywada, Krishna Dstrict.

¶94

...RESPONDENTS/RESPONDENTS

¶95

Appeal under Section 173 of Motor Vehicles Act against the order and^decree .A.T.O.P.No.74 ot 2002 dated 30.07.2007 on the^file of the^{Court of the} airman Motor Accident Claims Tribunal-cum-lll Additional^{District Judge (FTC)} maml'

¶96

1:
lt
!
I
]-
.ta
II
I
;
I

¶97

ER: This appeal coming on for hearing and upon^perusing the^grounds of ppeal, the Judgment and Decree of the Lower Court and the material^paper in the e and upon hearing the arguments of Smt. Vanga Anita, Advocate^{for the} pellants and of Sri Challa Srinivasa Reddy3Advocate for Respondents No.3, and one Appeared for the respondent Nos.1 &^{2. l}

¶98

Court doth Order and Decree as follows:

¶99

That the MACMA No. 264 of 201 1 be and hereby^{is partly allowed;}

¶100

:.. :l:
, ': ': i
/+ ', ,. 2. That , That , the 3' respondent 1, 3' respondent 1, respondent 1, the 3' respondent 1, 3' respondent 1, respondent 1, rrri be and hereby is directed and hereby is directed hereby is directed is directed directed to pay the compensationpay the compensationthe compensationcompensation
ii ri9-X, amount of Rs. +t,btj6/- with of Rs. +t,btj6/- with Rs. +t,btj6/- with +t,btj6/- with with interest it it I .so/o .so/o per annum annum from the the date
., ii. ' Jl\ t
;!; i# petition till the date'of deposit to the petitioners at the first instance date'of deposit to the petitioners at the first instance deposit to the petitioners at the first instance instance
1l I .r
is at liberty recover at liberty recover liberty recover the same from same from the 2nd 2nd respondent;
.S, 3. That the Responden t No. 3 shall 3. That the Responden t No. 3 shall That the Responden t No. 3 shall the Responden t No. 3 shall Responden t No. 3 shall t No. 3 shall No. 3 shall 3 shall shall deposit the compensation amount togethercompensation amount together
.i - + * * with-iilerdstEiidcoEt-s-.withihlraro months from from the dale of receipt receipt of the the copy Of
'! . 'a i.-i.-
,; this Judgment;'
4. That on such deposit, such deposit, the petitioners petitioners shall apportion the compensation in theapportion the compensation in thethe compensation in thecompensation in the
manner and ratio as directed by the Tribunal;ratio as directed by the Tribunal;as directed by the Tribunal;by the Tribunal;the Tribunal;
5 That save as aforesaid, the decree of the Lower Court shall stand Court shall stand confirmed in
. tt all other respects; other respects; respects; and .
That there shall be no'order as to msts in this appeal.
, .', l ,
' , i, ''..:
.1 ,. SD/.P.CH.NAGABHUSHAM
: , .: ! l" 1. u 1ii'1ii'i' ASSISTANT REGIST
l
j //TRUE coPY//coPY//
Iii t{:
4,i.q.;
I t SECTION
To
I 1. The Chairman, Motor Accident Claims Tribunal-cum-lll Additional District
Judge (FTC-Ill) at Khammam.
,2. fwo CD Copies ,:'-: "

¶101

, ': ': i

¶102

1. That , That , the 3' respondent 1, 3' respondent 1, respondent 1, be and hereby is directed and hereby is directed hereby is directed is directed directed to pay the compensationpay the compensationthe compensationcompensation , 1,^rrri amount of Rs. +t,btj6/- with of Rs. +t,btj6/- with Rs. +t,btj6/- with +t,btj6/- with with interest it it I .so/o .so/o per annum annum from the the date of ' *Jl\ t

¶103

petition till the date'of deposit to the petitioners at the first instance date'of deposit to the petitioners at the first instance deposit to the petitioners at the first instance instance and then it I .r

¶104

is at liberty recover at liberty recover liberty recover the same from same from the 2nd 2nd respondent;

¶105

.S, 3. That the Responden t No. 3 shall 3. That the Responden t No. 3 shall That the Responden t No. 3 shall the Responden t No. 3 shall Responden t No. 3 shall t No. 3 shall No. 3 shall 3 shall shall deposit the compensation amount togethercompensation amount together + * * with-iilerdstEiidcoEt-s-.withihlraro months from from the dale of receipt receipt of the the copy Of '! . 'a i.-i.-

¶106

That on such deposit, such deposit, the petitioners petitioners shall apportion the compensation in theapportion the compensation in thethe compensation in thecompensation in the manner and ratio as directed by the Tribunal;ratio as directed by the Tribunal;as directed by the Tribunal;by the Tribunal;the Tribunal;

¶107

That save as aforesaid, the decree of the Lower Court shall stand Court shall stand confirmed in all other respects; other respects; respects; and^.

¶108

u 1ii'1ii'i' SD/.P.CH.NAGABHUSHAM
ASSISTANT REGIST R
l
Iii t{: //TRUE coPY//coPY//
4,i.q.;
t
SECTION OFFICER

¶109

i
ft-\F
I
il;i
J;1
ti " .9 ,,,
I :'*ii ';tt
l;'/- ff 3
,l
t
t

¶110

ti
s I :'ii

. l;'/- ff
,l
' il t
t
a
I ;]l
It . :li'r+
.':;ll):
i
I i'
I '€ ::
{
'l{rl*

¶111

I
l
i'iH;g IGH COURT
.':
,1.
fi'r{ -- -
I ;DATED:0710912023
I
l1. ffi
gH, :$
,!
'$I ift
;
.k ,.. +irI
.:a'
tF i.{ -a. ',
+ ffi
;
I
':.
DECREE
MACMA.No.264'of 2011
:' t:
.:
,.;i )' 'l
li.
-5, :a
,xl:.
, -: -1 f : I
{i$
: .; eif r, '
,1".;;' {J.!t,I1I
#,i +. r'f
:?.
;, il iS'
. r ''-tr #.1
: i.-5}',!'i ::r'iI
ri;!t!gi: - i
*:';: :;:F"lb,1 ..! I ir ;: i4.,.
s
,\fr, ,&-c , , ,:: "1ifffti'.,:, 'ii.;.'r .
iPARTLY ALtOWiNc'-Tt{EiM.
.
:i..:l,..r.,,'friWlT HOUT,COSTS
d..i'
, " -4'&
-{
'.i
r,S'..i
:.. ff
.''.} 'r $r'
t'
: .i. ii
t. .'
t
X

¶112

t{EiM.A.C.M.A .

Nayadu Venkateswarlu [Died] and 4 Ors. v. Nakka Rambabu and 2 Ors.

Case brief

What is this about?

What did the court decide?

Nayadu Venkateswarlu [Died] and 4 Ors. v. Nakka Rambabu and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Parmila Tully and 3 Others Vs T.Bhavani , Bharani and Another

Nukala Saidi Reddy and 3 Others Vs Santosh and 3 Others

S.Bhasker Vs The Superintending Engineer

Kothuru Nadipi Gangaram and 2 Others Vs Apsrtc., and Another

J. Sharin Kumar Vs Mr. Randhir Singh and Another

S. Sharada and 2 Others Vs Ch. Papaiah and Another