United India Insurance Company Limited Another vs Yerra Konuramma Another

This appeal is preferred by the United India Insurance Company Limited, questioning the award and decree, dated 05.11.2001 passed in O.P.No.479 of 1999 on the file of the Motor Vehicles Accidents Claims Tribunal (I Additional District Judge), Warangal (for short, the Tribunal).

For the sake of convenience, the parties have been referred to as arrayed before the Tribunal.

The claimant filed a petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs.2,00,000/- for the injuries sustained by her in a motor vehicle accident. It is stated that on 10.11.1998 while the claimant was returning to her house by walk on the extreme left side of the road and when she reached near Mamnoor Village, a Car bearing No.AP 31 T 2907 driven by its driver in a rash and negligent manner at high speed, lost control over the steering and dashed the claimant from her back side, as a result of which, the claimant fell down and received fracture of both bones of right leg above ankle and fracture of right hip apart from other simple injuries. Immediately, the claimant was shifted to MGM Hospital, Warangal, where she took treatment as inpatient from 10.11.1998 to 05.12.1998. The claimant filed aforesaid O.P. against respondent Nos.1 to 3, being owner and insurers of the aforesaid Car, respectively, claiming compensation for the injuries sustained by her.

Before the Tribunal, respondents 1 and 2 remained ex parte.

The 3rd respondent also filed counter denying the averments of the claim petition and contended that the amount claimed is excessive and prayed to dismiss the claim petition.

Basing on the above pleadings, the following issues are framed before the Tribunal:-

1) Whether the accident took place on account of the rash and negligent driving of the Car by its driver or due to the negligence on the part of the petitioner while walking on the road?

2) Whether the petitioner is entitled for compensation? If so, to what amount and from whom?

3) To what relief?

During trial, on behalf of the claimant, P.W.1 was examined and got marked Exs.A1 to A8. On behalf of the respondents, neither oral nor documentary evidence was adduced.

After considering the oral and documentary evidence on record, the Tribunal came to the conclusion that the accident occurred due to the rash and negligent driving of driver of the Car and awarded total compensation of Rs.1,45,000/- with interest @ 7.5% per annum. Aggrieved by the said order, the United India Insurance Company filed the present appeal.

Heard both sides and perused the record.

A perusal of the impugned order reveals that insofar as the manner in which the accident took place, the Tribunal while answering Issue No.1, has categorically observed that the accident has occurred due to the rash and negligent driving of the driver of the Car. Insofar as the quantum of compensation is concerned, the Tribunal passed a well considered order by taking into consideration all the aspects i.e., nature of injuries sustained by the claimant, nature of treatment and period of treatment undergone by her, medical expenditure, extra diet and pain and suffering, the Tribunal awarded an amount of Rs.1,45,000/- with interest @ 7.5% per annum. Therefore, I see no reason to interfere with the order of the Tribunal and the appeal is liable to be dismissed.

Accordingly, the M.A.C.M.A. is dismissed confirming the order and decree passed by the Tribunal. There shall be no order as to costs.

Miscellaneous petitions, if any, pending shall stand closed.