Appellant claimed compensation enhancement for motor accident injuries covered by Section 163-A MV Act. High Court held Tribunal award just, found no illegality, and dismissed the appeal under Section 173.
Appeal dismissed; decree of lower court confirmed; no order as to costs.
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.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 76 OF 2015
Appeal Under Section 173 of Motor Vehicles Act against the order and decree in M.V.O.P.No.287 of 2007 dated 2411012014 on the file of the Court of the Chairman lilotor Accident Claims Tribunal-cum-lll Additional District Judge at Nizamabad.
Between:
Ahmed Ali, S/o Yousuf Ali, aged 33 years, Occ Driver on Lorry bearing No. AP-'l-T-4888, R/o. Wankidi Village of Neradigonda Mandal, Adilabad District.
,..APPELLANT/(CLAI MANT)
AND
...RESPONDENTS(RESPONDENTS)
Counsel for the Appellant: SRl. AZAR SRAVAN KUMAR
Counsel forthe Respondents: SRI. B. NARAYANA REDDY
The Court delivered the following: JUDGMENT
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
M.A.C.M.A.NO.76 0F 2015
JUDGMEI{T:
Heard learned counsel Sri Azar Sravan Kumar for the appellant and Sri. B.Vivek Reddy learned counsel for insurance company for the respondent no.2.
LNA,] t|ACMA No.76 ol 2015
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dashed the appellant's lorry. As a result, the driver who drove the crime lorry bearing No.AP-13-T-1631 fell down and died on the spot, and the appellant sustained fracture to nasal bone, fracture to upper lip, head injury and other parts of the body. The Police, Dichpally Police Station, registered a case in Crime No.57 of 2005 and investigated into the case .
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LNA,I MACMA No 76 ol2015
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i) Whether the accident arose out of involvement and use of lorry bearing No.AP- 1-T-4888 ?
ii) Whether the petitioner is entitled to compen sation? If so, to what amount and from whom? tiii) To what relief ? \
t"
LNA.] MACMANo.T6 of 2015
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i l. On issue no. 1, the MACT, on due consideration of the material and evidence placed on record, held that accident occurred due to rash and negligent driving of the crime lorry bearing No.AP-13-T-1631 and dashed the lorry bearing No.AP-1T-4888, rvherein the claimant was travelling and he sustained injuries on account of accident and decided the issue in favour of the claimant and awarded a sum of Rs.45,00O/- towards compensation to the appellant along with interest @ 7 .5%o per annum from t.Ile date of petition till the date of realization. The owner of the vehicle and the Insurance company i.e., respondent Nos. 1 and 2 were held to bejointly and severally liable to pay the said compensation.
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LNA,) MACMANo.T6 oJ 2015
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LNA.] MACMA No.76 af 2015
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i) Pain and suffering:
A perusal of the impugrred order, it shows that the Doctor, who was examined as P.W.2, deposed that he treated the appellant in Government Hospital, who suffered one grievous and two simple injuries. On considering the evidence of P.W.2 and Ex.A2-case sheet, the MACT has awarded Rs.25,000/towards pain and suffering.
ii) Loss of earnings:
The MACT has considered the monthly earnings of the appellant as Rs.S,OOO/- without any proof and in view of the injury sustained, the claimant must have taken two months bed rest and hence, awarded an amount ofRs.10,0O0/- towards loss of earnings.
iil Expenditure towards medica! lreatment and transport charges:
As per the evidence of P.W.2-Doctor, the appellant took tretment in Government Hospital free of cost. The appellant has \ot produced any medical bills spent by him for his treatment. However, the MACT has awarded Rs.5,0O0/- towards
LNA,! MACMANo.T6oJ 2015
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medical expenses and Rs.5,OO0/- towards transportation charges
SD/. A.V.S. PRASAD ASSISTANT REGISTRAR
To,
//TRUE COPY// \ SECTION OFFICER
1 The Motor Accidents craims Tribunar-cum-fl Additionar District Judge at Nizamabad.
ADK
$^"
HIGH COURT
DATED:2011012023
JUDGMENT
MACMA.No.76 of 2015 1r rE
I
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I
I r_) 0 q FEB 2021
Pil
DISMISSED
D
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 76 OF 2015
Between:
Ahrned Ali, S/o Yousuf Ali, aged 33 years, Occ Driver on Lorry bearing No.AP-'lT-4888, R/o. Wankidi Village of Neradigonda Mandal, Adilabad District.
...APPELLANT(CLAIMANT)
AND
...RESPONDENTS(RESPONDENTS)
Appeal Under Section 173 of Motor Vehicles Act agarnst the order and decree in lvl V.O.P.No.287 of 2007 dated 2411012014 on the file of the Court of the Charrman Motor Accident Claims Tribunal-cum-lll Additional District Judge at Nizamabad.
ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Court and the material papers in the case and upon hearing the arguments of Sri. Azar Sravan Kumar, Advocate for the Appellant and of Sri. B. Narayana Reddy, Advocate for the Respondent.
DECREE: This Court doth Order and Decree that the Decree of the Lower Court be and hereby is confirmed and this Appeal is Dismissed and this Court doth further order and Decree that there be no order as to costs in this Appeal.
//TRUE COPY//
SD/- A.V.S. PRASAD ASSISTANT REGISTRAR (.T
SECTION OFFICER
To,
A.r..)2'
HIGH COURT
DATED:2011012023
DECREE
MACMA.No.76 of 2015
DISMISSED
1 issue framed by the court
Whether the High Court should interfere with the compensation award of Rs. 45,000 made by the Motor Accident Claims Tribunal.
2 provisions across 1 enactments
Ahmed Ali
Sri. Rajpal Rathi
The New India Assurance Company Limited
Justice Laxmi Narayana Alishetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
