IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA M.A.C.M.A.No.4488 of 2008 Between: M/s.The New India Assurance Company Limited, rep. by its Branch Manager, H.No.3-6-10, Anasurya Complex, Opp:TTD Kalyanamandapam, Hyderabad and another ..... APPELLANTS AND Thokala Chinna Narsimha Reddy and another ..... RESPONDENTS JUDGMENT: Heard the learned counsel on record. 2. This M.A.C.M.A. is filed as against the award made in O.P.No.382 of 2006 on the file of the II Additional District Judge, Warangal (hereinafter in short referred to as ‘the Tribunal’ for the purpose of convenience) under Section 173 of the Motor Vehicles Act (hereinafter in short referred to as ‘the Act’ for the purpose of convenience). 3. The appellants are the New India Assurance Company Limited. The claimant filed M.V.O.P.No.382 of 2006 originally claiming compensation of Rs.3,00,000/-. But, subsequently amended the same claiming Rs.5,00,000/- for the injuries and disability sustained by him in a motor vehicle accident which occurred on 03-09-2005. The Tribunal in the light of the respective pleadings of the parties having settled the issues, recorded the evidence of PWs.1 to 3 and RW-1 and marked Exs.A-1 to A-14, Ex.X- 1 and Exs.B-1 and B-2 as well and ultimately came to the conclusion that the O.P. to be partly allowed awarding compensation of Rs.3,20,000/- in favour of the claimant with proportionate costs and interest from the date of filing of petition till the date of realization. 4. Aggrieved by the same, the present MACMA had been preferred. In the light of the facts and circumstances, the following points arise for consideration: 1. Whether the findings recorded by the Tribunal below are to be confirmed or to be disturbed in the facts and circumstances of the case ? 2. If so, to what relief the parties are entitled to ? 5. POINT No.1:- The parties hereinafter would be referred to as petitioners and respondents as shown in M.V.O.P. aforesaid. 6. The case of the claimant is that on 03-09-2005 the petitioner went to his agricultural fields at the outskirts of his village and after attaining the agricultural works in the afternoon, in order to have lunch, the petitioner along with his adjacent agriculturists, return to their houses and at about 7.30 p.m., when they reached the outskirts of Venkateswarlapally, an auto bearing No.AP 9 V 1624 driven by Katla Bondaiah in a rash and negligent manner with high speed without head lights came on back side of the petitioner and hit him, causing an accident, due to which the petitioner sustained fracture to right parietal region of brain, left parietal region of brain, fracture of right parietal skull bone, left parietal skull bone, 5th, 6th and 7th ribs etc. One Nomula Venkataiah and Sandoju Ramaiah, who were following with him have tried to stop the auto, but he tried to fled away and in the mean time, Md. Jaheedurrin was coming to the spot on his vehicle, followed the crime auto and by overtaking the same stopped it. The driver of the auto ran away. On the complaint given by one Thokala Gopal Reddy, Police Ghanpur (W) registered a case in Cr.No.100/2005 u/s.337 of IPC and field charge sheet u/s.338 IPC against the driver of the said auto. Immediately, the petitioner was shifted to Rohini Hospital, Hanmakonda. Where he- undergone treatment from 03-09-2005 to 08-10-2005 and operation was conducted and while discharging the petitioner, he was advised to take complete bed rest for more than 6 months. The first respondent being the owner of the auto bearing No.AP 9 V 1624 has appointed Katla Bondaiah and permitted to drive the same and the said auto is insured with the second respondent and the said accident took place during the validity of said Insurance Policy, the third respondent is the local office of the second respondent. Hence, all the respondents are jointly and severally liable to pay the compensation to the petitioner. 7. The first and second respondents remained exparte. The third respondent appeared through the counsel and filed a counter denying the liability. It is stated that the third respondent is not aware of the criminal proceedings launched in the above matter and the same is not informed to this respondent with a view to cause loss. It is also stated that the amount of compensation is excessive. 8. On the strength of these pleadings the following issues were settled: 1. Whether the accident took place due to rash and negligent driving of driver of auto bearing No.AP 9 V 1642 ? 2. Whether the petitioner is entitled for compensation, if so, what amount and from whom ? 3. To what relief ? 9. Before the Tribunal the under noted evidence had been adduced: For petitioner For respondent PW-1 T. Ahalyamma RW-1 Ch.V.B. Sastry PW-2 Nomula Venkataiah PW-3 Dr.T. Sanjay The under noted documents also had been marked: For petitioner Ex.A-1 Certified copy of F.I.R. dt. 4-9-2005 Ex.A-2 Certified copy of injury certificate, dt.4-9-05 Ex.A-3 Original discharge card Ex.A-4 Original operative notes Ex.A-5 Original medical certificate for disability certificate Ex.A-6 Six C.T. scan X-rays Ex.A-7 Three X-rays Ex.A-8 Certified copy of charge sheet Ex.A-9 Certified copy of docket order in C.C.No.1085/2005 Ex.A-10 Attested Xerox copy of driving licence Ex.A-11 Attested Xerox copy of R.O. Ex.A-12 Attested Xerox copy of Insurance Policy Ex.A-13 Bunch of prescriptions Ex.A-14 Bunch of Medical Bills Ex.X-15 Case sheet For respondent Ex.B-1 Attested true copy of insurance policy Ex.B-2 True extract of driving licence of the driver of the crime vehicle issued by the Addl. Licensing Authority, R.T.A., Hyderabad 10. The Tribunal appreciated the oral and documentary evidence available on record and came to the conclusion that it would be just and proper to fix the compensation of Rs.3,20,000/-. It is needless to say that the interest to be 7.5 % p.a. The Tribunal at paragraph No.9 observed as follows: “When coming to the aspect of fastening of the liability it is vehemently contended by the learned counsel for the respondent No.3 that Ex.B-1 policy was issued in favour of the first respondent with a condition that the driver must hold valid and effective driving licence to drive that particular vehicle but as per the contents of Ex.B-2, which is true extract of driving licence of the driver of the crime vehicle, he was having driving licence to drive non transport auto only and he was not having driving licence to drive the transport auto. Thus, it is the assertion of the third respondent/ insurance company that as there is violation of terms and conditions of the policy, it is not liable to pay any compensation in favour of the petitioner. It is further deposed by RW-1 who is working as Deputy Manager in R-3/ Insurance Company, as per their enquiry the permit for the crime auto was issued with a condition that the said transport auto is entitled to ply within twin cities of Hyderabad and Secunderabad and area around the twin cities having 40 Kms from Municipal limits of Hyderabad but the place of accident. Which is in the limits of Police Ghanpur (W) is beyond 40 KM from Municipal limits of Hyderabad and therefore, there is violation of terms and conditions of the policy and permit also. It is not in dispute that Ex.B-1 policy issued by R2/ Insurance Company was valid by the date of accident in respect of the vehicle involved in the accident. Even assumes for the sake of arguments, that there are the above two violations of terms and conditions of the policy. It is the settled law that the insurance company has to pay the compensation to the petitioner and then it can recover the same from the owner of the vehicle by filing the E.P. Accordingly, this issue No.2 is partly answered in favour of the petitioner and against the respondent.” 11. Inasmuch as the Tribunal recorded certain findings and directed the insurance company to pay compensation to the claimant and then recover it from the owner of the vehicle. This court is satisfied that the interest of the insurance company in a way is safeguarded as well. In the light of the evidence of PW-1 well supported by PWs.2 and 3, Exs.A-1 to A-14 and also in the light of the evidence of RW-1 and also Exs.B-1 an B- 2, this court is thoroughly satisfied that the findings recorded by the Tribunal as such cannot be found fault. As already aforesaid the interest to be taken as 7.5 % p.a., and accordingly, the finings are hereby confirmed. 12. POINT No.2:- In the result, the appeal being devoid of merits and the same shall stand dismissed. There shall be no order as to costs. ___________________ P.S. NARAYANA, J April 27, 2010. Pn THE HON'BLE SRI JUSTICE P.S. NARAYANA M.A.C.M.A.No.4488 of 2008 April 27, 2010