Motor Accident Claims Tribunal held that the drvier was not contributorily negligent and the disability was 100%, increasing compensation to Rs.54.63 lakhs.
Compensation enhanced to Rs. 54,63,300/- with interest at 7.5% per annum. Liability imposed jointly and severally on respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[337s ]
IN THE HIGH COURT FOR THE STAT€ OF TELANGANA AT HYDERAEAD
TUESDAY, THE TWELFTH DAYOF DECEMBER TWO THOUSAND AND TWENWTHREE
PRESENT
THE HONOURABLE SRI JUSTICE P.SAN' KOSHY AND
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
MOTOR ACCIDENT CIVIL MISCELLANEO US APPEAI- NO: 789OF 2018 AND
MOTOR ACCIOENT CIVIL MISCELLANEOU S APPEAL NO: 3299 OF 2019
Appeal filed Under Section 173 of Motor Vehicles Act against the Order and decree in M.V.O.P.No.110 of 2014 dated 11-10-2017 on the fde of the Court of the Chairman Mdor Accident Claims Tribunal-cum- XXV Additional Chief Judge, City Civil Courts, At Hyderabad,
MOTOR ACCIDEN T CIVIL MISCELI-ANEOUS APPEAL NG: 789 OF 20'18
Between:
Bharti Axa General lnsurance Company Ltd., Represented by it's Claims Manager, 3d Floor, #6-3-666/8/6, Gokul Towers, Panjagutta, Hyderabad, Telangana-5O0082.
...AppellanU2nd Respondent
AND
...RespondenUl't Respondent
Counsel for the Appellant : Sri HARINATH REDDY SOMA
Counsel for the Respondent No.2 : Sri C MOHAN PRAKASH
MOTOR ACCIDENT GIVIL MISCE LLANEOUS APPE.AL NO oI m19 Between:
Riyaz Khan, Wo. Siraj Khan, Occ. Ex-Driver, R/o Khanptr, Post Rasulpur, P.S.Kakatpur ,Puri District, Odhisha State.
...Appellant
ANO
...Respondents
Counsel for the Appeltant : STi C MOHAN PRAKASH Counsel for the Respondent No.2 : STi HARINATH REDDY SOMA
HONOURABLE SRT JUSTICE P. SAM KOSHY AND HONOURABLE SRI JUSTICE N. TUKARAMJI
M.A.C.M 8 F 18 AND M.A.C.M .A. No.3299 OF 2019
COMMON IUDGMENT: (per Iton'bte *ilusticc N. Tukarzmii)
We have heard Mr.C.Mohan Prakash, Iearned counsel
for the petitioner and Mr. Harrnath Reddy Soma, Iearned
counsel for the respondent No.2/insurer.
City Civil Courts, Hyderabad.
2
PSK,J&I\ITRJ Ma(rnas-- 789_2O18&3299-20 t9
5 The tribunal on considering the evidence concluded the contriburory negligence of the petitio rret at 25o/o and awarded
compensation of Rs.26,71,875/- with interesr at go/o Per annum from the date of the pedtion till the date of decree and thereafter 6ok per annum..
PSKJ&NIR,J 3 tlasnas-789-2018&3299-20 r9
4
tu.-u.-rur-ror#!#Hd
apporrioning the liabiliry. Further the physical disability rared by the fteating doctor at gOoh was erroneously taken as occupational disabiliry. Therefore, prayed for refixing the Iiabiliry and ro reassess the disability of the petitioner.
PsI(]8NTRJ Maon6-789_20 r8&3299-20 r9
5
circumstance in the crossexamination ofthe petitioneror pointed any material to provethe contributorynegligence In this position, the tribunal basingon the petitioner's versionas PW-1 that at relevant timehis lorry was proceeding at 50 kms per hour and thoughapplied sudden brakes,he could not control his vehicle, held thatthere was contributory negligence on his part. We find it difficultto accePtthis view as plying of vehicle on a Properroad at 50 kms per hour is not abnormal and making an effortto stop the vehicleon seeing the other lorry,which was evidendy driven in negligent manner is not giving anyinferenceo[negl'igence or contribution for the accident.Therefore, irnpostng contributory negligence onthe petitioner isfound not iustified.Thus theconclusion as to the contributory negligence of the petitionerrecordedby the uibunal is set aside. In effecg the ownerand insurerof the other lorryare held liable to pay the compensationto the petitioner.
6
PSK,J&NTL] Macrna.._789_20 t B&3299_20 l9
11 Indisputabry, the injuries in the accidenr resurted in ampuhrion of petitioner,s right leg above the knee level. The treadng doctor/p!7-3 rated the physical disabiliry at g}oh. It is well settled that in assessmenr of compensation, the disabiliry rendering loss of income earning capaciry shall be taken into account. It is common knowledge that for a &iver, both the lower limbs arc essential, more particularly the right lower [imb. In this view rhc peritioner had completely lost his occuparional abiIir1,. a6r. the disabiliry shall be considered at 100yo.
PS(.)&Mru t{aqnas_789-2o18&.?299_2019
7
L3. The tribunal accepted this evidence but the monthly
income was taken at Rs.15,000/- per month and without reason omitted the batta amount. In the absence of any aspect to disbelieve, the monthly income of the petitioner shall be taken hclusive of batta at Rs.18,000/- per month
21zorz; ro scc eoo
B
PSK,J&IfrRJ Masnas_789_2018&t299 20t9
multiplied with the relevanr multipLier to the age of pedtioner, i.e. 17, as per Sarla Verma and other us. Delbi Traupotx Corporaion and anotheri the sum comes to Rs.51,40, gOO/_. The petidoner is endtled to this amount torvards loss of furure earning capaciry due to disabrlity.
\ 2oog ec! ng8
PSXJ&NTR,] Macnas_789_mlE&3299_4 L9
9
| DESCRIPTION | AMOT.INT (R'.) |
|---|---|
| Medical expenditure | 30,000.00 |
| Lossoffutureearningsdueto disability |
51,40,800.00 |
| Lossofearningsduringtreatrnent period |
22,500.00 |
| Transportationcharges | 20,000.00 |
| Pain andsuffering | 1,00,000.00 |
| Lossofmarriageprospects | 1,00,000.00 |
| Lossofarnenities | 30,000.00 |
| Extranourishment | 20,000.00 |
| TOTAL | 54,63,300.00 |
10
PSKJ&itrR,J Macmas 789-20 18&1299_2019
(ri) the respondenrs are dfuecred to deposit the awarded amount within six weeks from the date of receipt of a copy of this judgmenq and
(iii) on such deposit, rhe petitioner is permitred ro withdraw the entire arnounr.
- In tlre result, rhe M.A.C.M.A.No.3299 of 2079 filed by the pedrioner is allowed with cosrs and the
M.A.C.M.A.No.789 of 2018 Frled by the respondent No.2/insurer is dismissed without costs.
PS(]&r{lPJ Macrnas_789_m8&3299_2019
11
As a sequel, miscellaneous petitions pending if any,
stands closed.
Sd/- P.PADMANABHARE ASSISTANT IS
//TRUE COPY// SECTI OFFICER
To, 1. The ChairmanMotor Accident Claims Tribunal-cum- XXV Additional Chief ..tuJge, City Civil Courts,At Hyderabad'(With-Reoords', if any) z. OnJcb to SrlHarinatn Reddy Soma, Advocate[oPUC] 3. One CC toSri C Mohan Prakash,Advocate [OPUC] 4. Two CD CoPies SP/gh W
HIGH COURT
DATED:1211212023
COMMON JUDGMENT
MACMA.No.789 of 2018 AND MACMA.No.3299 of 2019
!:tare Or
,4€
r
$T\ r$ a:
a dJ t] I
e.
I t) l- s-
DISMISSING THE MACMA.No. 789 of 2018 WITHOUT COSTS AND
ALLOWING THE MACMA.No. 3299 of 2019 WITH COST
c "dd\ to
IN THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
TUESDAY, THE TWELFTHDAY OFDECEMBER TWO THOUSAND ANDTWENTYTHREE
.; ji'.
PRESENT
THE HONOURABLE SRI JUSTICEP.SAT' (OSHY AND THE HONOURABLE SRl JUSTICE N.TUKARAMJI
MOTOR ACCIDENT CIVIL MISCELLANEOUSAPPEAL NO: 789OF 2018 AND MOTOR CIDENT CIVIL ISCELLANEOU S APPEAL NO:3299 oFmt9
OTOR ACCIDE CIVIL MISCE EOUS APPE : 789 OF 20
Between:
Bharti Axa General lnsurance CompanyLtd., Represented by it's ClaimsManager, 3d Floor, #6-3466/8/6, Gokul Towers, Panjagutta,Hyderabad, Telangana-500082.
...AppellanU2nd ResPondent
AND
...RespondenUl't Respondent
MOTOR ACCIOE cIVIL MISCELLANEOUS APPE NO:3299of2)19 Between:
Riyaz Khan, W/o. Siraj Khan, Occ. Ex-Driver, R/o. Khanpur, Post Rasulpur, P.S.Kakatpur ,Puri District, Odhisha State.
...Appellant
AND
...Respondents
Appeal filed Under Section 173 of MotorVehiclesAct against the Order and decree in M.v.o.P.No.11001 2014 dated 11-10-2017 0n the file of the court of the chairman Motor AccidentclaimsTribunal-cum-XXV Additionalchief Judge, city Civil Courts, At Hyderabad,
ORDER: This appeal's coming onfor hearing and upon perusing the groundsof appeal's, the Judgment andDecree of the Lower Court and the materialpapers in the Case and upon hearing the argumentsof Sri Harinath Reddy Soma, Advocate for the Appellant in MACMA.No.789 of2018 and RespondentNo.2 in MACMA.No.3299 of 2019 and ofSri C. Mohan Prakash, Advocate for the Respondent No.2 in MACMA.No.789of 2018 and Appellantin MACIr'1A.No.3299of 2019.
This Court doth orderand Decreeas follows
'.:
ii.rt{di{ ., j ,
MEMORANDU MOF APPELLAN TCOSTS
FOR APPELLANT IN MACMA.No.3299 OF 2019
Rs. Ps Stamps for Vakalatnama 5- 00 Stamps used for the Memo of grounds 25- 00 , !,. Stamps for Judgment of the Lower Court 00- 00 ',;!3,'. Stamps for decree of the Lower Court 05- 00 ,..:!l'':,:.:l;: Value of Copy Stamp paper used for enclosures 20- 00 Advocate's fee (Fee Certificate not filed) 00- 00 Batta and Postage 60- 00 Court Fee 10- 00
Total 125-00
The appellanUclaimant is entifled to Rs. 125l- to be paid by the Respondents in MACMA No.3299 of 2019
To,
//TRUE COPY//
Sd/- P.PADMANABHA REDDY ASSISTANT REGISTRAR SECTI FFICER
SP/gh
w
| HIGHCOURT DATED:1211212023 |
|---|
| COMMONDECREE MACMA.No.789of2018 AND MACMA.No.3299of2019 |
| DISMISSING THE MACMA.No. 789of2018 WITHOUTCOSTS AND ALLOWINGTHE MAGMA.No. 3299of2019 WITHCOST |
| ogl* tt W flr.{rY |
1.--'i.. t*.:i.,Ji
(r:t
1-,.
v,)i
j.
3 issues framed by the court
Whether contributory negligence attributed to the driver of the first lorry was justified given the speed and driving conditions.
Whether the physical disability resulting in amputation of the right leg above the knee should be considered as 100% loss of earning capacity.
Whether the daily batta and future earning prospects were correctly accounted for in the assessment of compensation.
Bharti Axa General Insurance Company Ltd.
Riyaz Khan
M/s Mahamaruthi Logistics Private Limited
P. San Kothy
N. Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
