The National Insurance Company Ltd v. Mazhar And ANR

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER MACMA.NO: 2833 OF 2011 Appeal under Section 173 of lVlotor Vehicles Act against the judgmenVorder and decree made in O.P.No.2211 of 2005 dated 29.07.2009 on the file of the Court of the XXll Additional Chief Judge cum Before the Motor Accidents Claims Tribunal, City Criminal Courts at Hyderabad.

Between:

The National lnsurance Company Ltd., rep by its Regional Manager, 3rd Floor, Moghul Courts, Basheerbagh, Hyderabad.

...APPELLANT/RESPoNDENT No.2 AND

1. Mazhar, S/o.Burhanuddin, Occ: Welder, F/o.No.1g-12-1 4el{l66, Kamchnbagh, Babanagar, Hyderabad.

...RESPONDENT/CLAIMANT

2. Mohd.Barkatulla, S/o.Not Known, Major, Occ: Business, No.1g_12-4191470, Kamchanbagh, Babanagar, Hyderab6d.

.RESPONDENT/RESPONDENT MACMA.MP. NO: 6 10 F 2009 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired herein the High court may be pleased grant of stay of execulion of the decree and arr further proceedings passed in op.No.22i1 of 2005 dated 29.07.2009 on the file of the court of the MACT cum XXil Additionar chief Judge, city criminar Courts, Hyderabad, pending disposal of the above appeal. Counsel for the Appeilant: SRl. K. SITA RAM Counsel for the Respondent No..l: SRl. C. BUCHI REDDY Counsel for the Respondent No.2: NONE APPEARED The Court delivered the following: JUDGMENT

THE HON'BLE DR, JUSTICE SHAMEEM AKTHER M.A.C A.No.2833 OF 2011 IUDGIIEX.T:

This appeal, under Section 173 of the Motor Vehicles Act, 1988, is filed by the appellant-Insurance Company aggrieved by the order, dated 29.07.2009, passed in O'P'No'2211 of 2005 by the XXII Additional Chief Judge - cum - Motor Accidents Claims Tribunal, City Criminal Court, Hyderabad (for short' 'the Tribunal'), whereby, the Tribunal has granted an amount of Rs.65,000/- towards compensation to the respondent No 1claimant with interest at 7o/o per annum from the date of petition till the date of realization'

2, Heard the learned Standing Counsel for the appellantInsurance Company, learned counsel for the respondent No'1claimant and Perused the record' 3.

The learned Standing Counsel for the appellant-Insurance Company would submit that though the accident' admittedly' occurredon2T.06,2004,areportwaslodgedwiththepoliceon 78.07.2004. There is no proper identification of the vehicle that involved in the accident' Furthermore' there is no explanation from PW.l-injured with regard to the delay that caused in filing report to the police concerned The Tribunal had erroneously granted compensation at Rs'65'000/- with interest al 7o/o pet annum from the date of petition till realization and ultimately' PraYed to reduce the same'

-) Dr.SA,J M.A.CMA.No.2833 of 20t I 4.

On the other hand, learned counsel for the respondent No.1-claimant would submit that the Tribunal is justified in granting the compensation at Rs.65,000/_ and ultimately, prayed to dismiss the appeal.

5.

There is no dispute with regard to the respondent No.1_ claimant sustaining injuries in a motor accident that occurred on 27.06.2004 near Rakshapuram Main Road.

6.

As seen from the material placed on record, there is specific evidence oF pW.1 that he was admitted in hospital on 27.06.2004 and the complaint was given by his mother after one month of his admission in the hospital. It is also borne by the record that police after completion of investigation filed charge sheet, wherein the number of the crime vehicle and the name of the driver are shown. There are no violations of the terms and conditions of the policy. Merely because report is given to the police concerned with a delay of one month, in the given circumstances i.e., particularry when pw.1 is admitted in the hospital, it cannot be said that the respondent No.1_claimant has not sustained injuries in the subject road accident. The Tribunal is justified in holding that the respondent No.

1_claimant sustained injuries due to the rash and negligent driving by the driver of the crime vehicle bearing No.Ap_25_T-7861. Further, it is apt to state that the material documents and the evidence of PW.1 reveal the suffering of the injuries by the respondent No.1_ claimant (pW.1).

*.o..ro.r'.rrr, Silt#'/ Tribunal granted compensation of Rs.65,000/- to the respondent No.1-claimant with interest at 7 o/o per annum from the date of petition till realization. So that cannot be held to be excessive. There is no infirmity in assessing and awarding the compensation by the Tribunar. There are no grounds to interfere with the same. The appeal is devoid of merit and is liable to be dismissed. 7.

In the result, the appeal is dismissed confirming the order, order, dated 29.07.2009, passed in O.p.No.2211 of 2OO5 by the XXII Additional Chief Judge _ cum _ Motor Accidents Claims Tribunal, City Criminal Court, Hyderabad.

Miscellaneous petitions, if any, pending in this appeal shall stand closed. There shall be no order as to costs. Sd/-I.NAGA LAKSHMI ASSISTANT REGISTRAR ,TRUE COPY'

SECTION OFFICER To,

1. The XXll Additional Chief Judge cum Before the Motor Accidents Claims Tribunal, City Criminal CourtsZt Hyderabad.

2. One CC to Sri. K. Sita Ram, Advocate tOpUCl

3. One CC to Sri. C. Buchi Reddy Advocate [OpUC]

4. Two CD Copies gbr \\ J--

HIGH COURT DATED: 1910212021

JUDGMENT

MACMA.No.2833 of 2011 DISMISSING THE APPEAL .f\ t9 \s