Oriental Insurance Company Limited represented by its Divisional Manager v. Muchinthala Bharathamma
2012-06-29
R.KANTHA RAO
body2012
DigiLaw.ai
Judgment :- This appeal is filed against the order dated 14.08.2003 passed by the Motor Accidents Claims Tribunal (II Additional District Judge), Kurnool in M.V.O.P.No.296 of 2002. 2. Heard Smt. S.A.V. Ratnam, learned counsel appearing for the appellant-Insurance Company and Sri K.V. Chalapathi Rao, learned counsel appearing for respondents No.1 to 5. 3. The award passed by the Tribunal below is assailed by the appellant-Insurance Company on the grounds that the claimants failed to establish the identity of the vehicle involved in the accident and despite the said fact, the learned Tribunal gave its finding that the accident was due to rash and negligent driving of the Tempo Trax AP.21C. 7803 and also that the compensation granted by the Tribunal below is on higher side which requires to be reduced in this appeal. 4. The learned counsel appearing for the Insurance Company contended that in the First Information Report the number of the vehicle or the description of the vehicle was not furnished and at a subsequent point of time, the petitioners in collusion with the owner and the driver of the Vehicle bearing No. A.P.21C. 7803 planted the said vehicle for the purpose of claiming compensation with the connivance of the police. It is true that in the First Information Report the number of the vehicle is not furnished but the police after thorough investigation filed the charge sheet against the driver of the vehicle bearing No.A.P.21C. 7803 under Section 304-A of IPC. 5. It is always not necessary that the First Information Report should contain all the details. Omission to mention the number of the offending vehicle does not automatically lead to a conclusion that a particular vehicle was not involved in the accident. At a subsequent stage by examining the witnesses, who witnessed the incident, the police can find out the identity of the vehicle, which was involved in the accident during the course of their investigation. 6. In this context, it is relevant to refer to the following decisions relied upon by the learned counsel appearing for the respondents/claimants:- (1) Ravi Vs., Badrinarayan and others (2011) 4 Supreme Court Cases 693), wherein it was laid down that the delay in lodging the First Information Report cannot be a ground to doubt claimant’s case.
6. In this context, it is relevant to refer to the following decisions relied upon by the learned counsel appearing for the respondents/claimants:- (1) Ravi Vs., Badrinarayan and others (2011) 4 Supreme Court Cases 693), wherein it was laid down that the delay in lodging the First Information Report cannot be a ground to doubt claimant’s case. (2) Kusum Lata and others Vs., Satbir and others (2011) 3 Supreme Court Cases 646), wherein it was held that compensation cannot be denied to the claimants on the ground that the number of the vehicle and the name of the driver were not mentioned in the First Information Report. It was further held that not noting down number of the offending vehicle and taking victim for medical aid soon after the accident is normal human conduct. 7. In the instant case, the First Information Report was lodged promptly. Though the number of the offending vehicle was not mentioned in the First Information Report, the police after thorough investigation identified that the Tempo Trax APC. 7803 was involved in the accident. 8. P.W.3 Gangaram Mohan Reddy, the Assistant Secretary, Gram Panchayat, Ramajipur of Balanagar Mandal stated in his evidence before the Tribunal below that on 09.12.2001 at about 5.00 A.M. he, the Village Administrative Officer-Bali Reddy and the deceased-Kurmaiah were on duty at sand check post, Balanagar. Then, one Trax Jeep bearing No. AP. 21C. 7803 came driven in a rash and negligent manner by its driver and dashed the deceased, who was sitting in a chair on the left side of the road and the deceased having received severe injuries died on account of the said injuries. 9. The claimants examined the driver of the Tempo Trax AP. 21C.7803 as P.W.4. He specifically stated in his evidence that at about 5.00 A.M. on 09.12.2001 while he was driving the said Tempo Trax noticed a lorry coming in the opposite direction and a car over-taking the said lorry and in order to avert the collision with the car he took the jeep to the extreme left side of the road and in that process the jeep hit a Revenue employee, who was there on duty. 10. Therefore, in this case there is highly reliable and convincing evidence in proof of the fact that the accident was due to rash and negligent driving of the Tempo Trax AP.21C.7803.
10. Therefore, in this case there is highly reliable and convincing evidence in proof of the fact that the accident was due to rash and negligent driving of the Tempo Trax AP.21C.7803. Merely because the number of the offending vehicle was not mentioned in the First Information Report it cannot be said that the offending vehicle namely the Tempo Trax AP. 21C. 7803 was not involved in the accident. The learned Tribunal rightly held, basing on the evidence before it that the accident was due to the rash and negligent driving of Tempo Trax bearing No. AP.21C. 7803 and the said finding does not call for any interference in this appeal. 11. As regards the quantum of compensation, the deceased-Kurmaiah was working as Junior Assistant in Mandal Revenue Office, Balanagar and getting salary of Rs.8,695/-. The said fact has been proved by the claimants by producing the salary certificate. 12. The learned Tribunal made 1/3rd deduction from the salary towards personal and living expenditure of the deceased, applied multiplier of 13 and arrived at a compensation of Rs.9,22,000/-together with interest at the rate of 9% per annum from the date of the petition till the date of realization. 13. If the compensation is computed basing on the judgment reported in SARLA VERMA AND OTHERS VS., DELHI TRANSPORT CORPORATION ( 2009 ACJ 1298 ), taking into consideration the future prospects of the deceased and applying appropriate multiplier the compensation even works out to more amount than what was granted by the learned Tribunal below. However, there being no appeal by the claimants, the compensation granted by the Tribunal has to be confirmed. The learned Tribunal granted interest at the rate of 9% per annum which being on higher side is reduced in this appeal to 7.5% per annum from the date of the petition till the date of realization. 14. In the result, affirming the amount of compensation awarded by the Tribunal below and reducing the rate of interest as indicated above, the appeal filed by the Insurance Company is partly allowed. There shall be no order as to costs.