Appeal against Motor Accident Claims Tribunal award dismissed. Court held that triple riding violation does not disentitle the claimant from compensation unless such riding caused the accident.
The Motor Accident Civil Miscellaneous Appeal is dismissed; the decree of the Lower Court stands confirmed.
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.
[3251 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No: 101 of 2009
Appeal filed under Section 173 of M.V. Act, against the Judgment and Decree dated. 29-07 -2008 passed in M.V.O.P.No.91 of 2007 on the file of the Court of the Chairman Motor Accident Claims Tribunal-cum-ll Additional District Judge, Karimnagar Jagtial.
Between:
The Executive Engineer Roads & Buildings, Roads and Buildings, N.H.Division16, AC Guards, Hyderabad.
...Petitioner/Respondents
AND
. . . Respondents/Petitioners
Counsel for the Appellant: GP FOR ARBITRATION
Counsel forthe Respondents: SRI HARI BABU MANNE
The Court delivered the following: JUDGMENT
\ \
0 ,
t t u I
THE IION'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.1Ol OF 2OO9
JUDMENT:
4 . Briefly, thc case of the claimant/ respondent No. 1 is that the claimant rvho was aged around 13 years while going along with his teachers on a motorcyclc towards Vasavi School and when they rezrched Chintalpet cross road and turned to$,ards Metpally side, thc offending vehicle which is a Bolero jer:p driven by the 2"d responclcnt herein dashed againsl thc motorc5,cle in the opposite direction resulting in the claimant/ rcspondent No.1 falling dou n and receiving injuries.
2
favourwith the claim of the respondent No'l and accordingly awardedcompensation of Rs i'94'5O0/-'
7 . [n theevent of triple riding'compensation cannotbe deniedonly on the groundthat three persons were riding on the motorcycle,unless it is proved by thepetitioner herein/Insurance Companyor the Driver of the vehicle that suchtripleriding was the causeof the accident'Exceptstating thatthere was violationof Rules' since there were three persons ridingon the motorcycle'that in itself wouldnot disentitiethe respondentNo llor compensation'
Tribunal.AccordinglY, the APPeal stands dismissed
BHA REDDY Sd/. P. PADMANA GISTRAR ASSISTANT
//TRUECOPY//
SECTIONOFFICER
Agkam
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HIGH COURT
DATED:07 tOBt2O24
JUDGMENT+DECREE
MACMA.N o.101 of 2009
91 ATE
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MACMA IS DISMISSED
1
[32s1 ]
IN THE HIGH COURT FORTHE STATEOF TELANGANA AI HYDERABID
WEDNESDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M .A.No;'t01 of 2009
Between:
The Executive Enoineer Roads & Buildings, Roads and Buildings, N.H.Division_ '16, AC Guards, H/derabad.
AND
...petitioner/Respondents
... Respondents/petitioners
Appeal filed under Section 173 of M.V. Act, against the Judgment and Decree dated. 29-07 -2oo1 passed in M.V.o.p.No.9'1 of 2ooz on the fire of the court of the chairman Motor Accident craims Tribunar-cum-I Additionar District Judge, Karimnagar Jagtial_
This appeal coming on for hearing and upon perusing the grounds of appeal, thejudgment and Decree of the Lower court and the materiat papers in the case and upon hearing the arguments of Gp FoR ARBTTRATTON for the Appeflants and of SRI HARI BABU MANNE, forthe Respondents.
,
This Courtdoth Order and Decree as follows:
//TRUE COPY//
SdI P. PADMANABHAREDDY ASSISTANT REGISTRAR \r.
SECTION OFFICER
AS,/kam
s
HIGH COURT
DATED:0710812024
DECREE
MACMA.No.101 of 2009
MACMA IS DISMISSED
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2 issues framed by the court
Whether compensation awarded in motor accident claim is liable to be denied solely on the ground of triple riding violation without proof of causal connection.
Whether the Motor Accident Claims Tribunal committed an error in awarding compensation despite alleged violation of rules on number of riders.
1 provisions across 1 enactments
The Executive Engineer Roads & Buildings, Roads and Buildings, N.H.Division 16, AC Guards, Hyderabad
Karepu Raj Kumar
Mohd. Moiz
K. SURENDER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
