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2022 DIGILAW 49 (TS)

National Insurance Company Limited v. Banda Amrutha Reddy

2022-02-02

G.SRI DEVI

body2022
JUDGMENT : This appeal is filed by the insurance company aggrieved by the order dated 31.01.2013 in O.P.No.507 of 2007, on the file of the Motor Accidents Claims Tribunal-cum-III-Additional District Judge (I FTC), Nalgonda (for short ‘the Tribunal’), wherein the claim of respondent No.1 herein/claimant was allowed-in-part, awarding total compensation of Rs.2,05,000/- with proportionate costs and interest at 7.5% per annum from the date of the petition till realization. 2. Heard the learned counsel for the appellant-insurance company and the learned counsel for respondent No.1-claimant. Perused the record. 3. Respondent No.1 herein filed the claim petition seeking compensation of Rs.3 lakhs on account of the injuries sustained by him in a motor vehicle accident that occurred on 01.09.2006. On the fateful day, the claimant was travelling in car bearing No.AP 09 BD T/R 9666 from Nagarjuna Sagar to Hyderabad and when the car reached near Polepally stage of Chinthapally Mandal, Nalgonda District, one jeep bearing No.AP 29 T 1554, driven by its driver in a rash and negligent manner, at high speed, dashed the car coming in the opposite direction. Owing to the said accident, the claimant and other inmates of the car sustained grievous injuries. Immediately, the claimant was shifted to Yashoda Hospital, Hyderabad for treatment. A case in Cr.No.116 of 2006 was registered against the driver of the jeep by Chinthapally Police for the offences punishable under Sections 304-A, 337 IPC 4. The owner of the offending vehicle remained ex parte. The insurance company filed counter opposing the claim and denying their liability to pay the compensation. 5. The Tribunal, on appreciation of the oral and documentary evidence on record, allowed the O.P., in part, awarding a total compensation of Rs.2,05,000/- along with proportionate costs and interest @ 7.5% per annum from the date of petition. Aggrieved thereby, the appellant-insurance company has preferred the present appeal. 6. A perusal of the award of the Tribunal shows that the Tribunal has rightly assessed the income of the injured claimant and has also rightly awarded the amounts under various heads, which cannot be said to be either excessive or exorbitant. The Tribunal, after considering all the aspects into consideration, has rightly awarded the total compensation of Rs.2,05,000/- under various heads. The findings of the Tribunal need no interference. 7. The Tribunal, after considering all the aspects into consideration, has rightly awarded the total compensation of Rs.2,05,000/- under various heads. The findings of the Tribunal need no interference. 7. However, it has been submitted by learned counsel for the appellant-insurance company that the Tribunal has given a finding to the effect that the appellant-insurance company has to pay the compensation to the claimant at the first instance and later recover the same from owner of the offending vehicle i.e., jeep by initiating separate proceedings. The learned standing counsel further submitted that the said finding of the Tribunal to recover the compensation amount from respondent No.1-owner of the offending vehicle i.e., jeep later ought to have been in the same proceedings, instead of initiating separate proceedings. 8. However, in the light of the judgment of the Apex Court in MANUARA KHATUN V. RAJESH KR. SINGH, (2017) 4 SCC 796 , this court directs the insurance company to pay the compensation amount with proportionate interest and costs at the first instance to the claimant and later recover the same from owner of the offending vehicle in the same proceedings, and not by initiating separate proceedings. To the limited extent, the order of the Tribunal is hereby set aside. 9. The appeal is partly allowed to the extent indicated above. No costs. 10. Pending miscellaneous applications, if any, shall stand closed.