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IN THE COURT OF THE JUDGE; IV ADDL.MOTOR ACCIDENTS CLAIMS

TRIBUNAL :NELLORE AT SRI POTTI SRIRAMULU NELLORE DISTRICT

Present: CH.RAMACHANDRA MURTHY,

Chairman, of IV Addl. Motor Accidents Claims Tribunal,
Nellore

Monday, this the 3rd day of April 2017

M.V.O.P.No.242 OF 2013
Between:
1. Dasuri Venkata Ramanaiah
son of D.Masthanaiah, Hindu, aged about 40
years, driver by profession, resident of
Arundathipalem, Penuballi village,
Buchireddypalem Mandal, SPSR Nellore
District. ….. Claimant
And:-
1. Sri Gaddam Venkateswarlu
son of Sri G.Venkataiah, Hindu, major, owner of
Maruthi Gen D AP 07 K 7449, resident of
Durgampalli, Kondayapalle, Udayagiri
Mandalam, S.P.S.R.Nellore District.
2. United India Insurance Company Limited
represented by its Divisional Manager, Nellore
situated its Divisional Office at Brindavanam,
Nellore.

….......... Respondents

This petition is coming before me on 14.3.2017 for final hearing before me in

the presence of Sri K.Umamaheswara Rao advocate for the petitioner, Sri N.Kodanda
Rami Reddy advocate for second respondent and the first respondent has been called
absent and set exparte and upon perusing the material papers on record and upon
hearing both sides, this Court made the following:

ORDER

1. The claimant filed claim application under Section 166 of Motor Vehicles Act,

claiming compensation of Rs.2,00,000/- with the following averments:-

(i) On 14.3.2013, the claimant was proceeding in his Auto AP 26 TA 7256 from

Jonnawada to Nellore and when the Auto reached near Nawabala Durga Temple, at
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15.20 hours a Maruti Gen Car bearing Registration No.AP 07 K 7449 came in opposite

direction with high speed and dashed the Auto, which is stationed on the left side of

the road. As a result of which, the driver of the Auto and other inmates of the Auto

sustained injuries. Immediately, the claimant was shifted to hospital. He underwent

surgery.

(ii) A case was registered in crime No.89/2013 of Nellore Rural Police Station

under Section 337 of Indian Penal Code. Therefore, The respondents are jointly and

severally liable to pay compensation claimed by the claimant. Hence, the claim.

2. The first respondent who is registered owner of the Maruti Gen Car bearing

Registration No.AP 07 K 7449, remained exparte.

3. Second respondent/insurance company resisted the claim by filing counter and

further contends that the accident had occurred due to the rash and negligent driving

of Auto and that the driver of the Car was not negligent. The insurer and insured of

Auto are proper and necessary parties to the proceedings. The driver of the Car did

not possess valid driving licence as on the material date of accident. The

compensation claimed by the claimant is excessive. Therefore, they requests to

dismiss the claim application.

4. Basing on the above pleadings, the following issues have been framed:-

1. :- Whether the pleaded accident occurred on

account of rash and negligent driving of the Car
bearing Registration No.AP 07 K 7449 by its
driver and whether it resulted injuries to the
claimant?
2. :- Whether the driver of the Car bearing
Registration No.AP 07 K 7449 did not possess
valid and effective driving licence as on the
material date of accident?
3. :- Whether the claimant is entitled for
compensation, if so, to what amount?
4. :- Whether non-joinder of owner of the Auto
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bearing No.AP 26 TA 7256 and its insurer of the
Auto are proper and necessary parties to this
petition and non-joinder thereto is fatal to the
petition?
5. :- To what relief?

5. On behalf of the claimant, PW-1 to PW-3 were examined and Exs.A-1 to A-11

and Ex.C-1 and Ex.C-2 were marked.

WITNESSES EXAMINED ON BEHALF OF CLAIMANT

PW-1 :- Dasuri Venkata Ramanaiah, who is the claimant herein
Pw-2 :- Dr.D.Narayana Reddy, who is Orthopaedic Surgeon
PW-3 :- Dr.Gundu Veeranarayana, who is working as Assistant
Professor in A.C.S.R.Medical College, Nellore.
DOCUMENTS MARKED ON BEHALF OF CLAIMANT
Ex.A-1 :- Attested copy of First information report in crime
No.89/2013 of Nellore Rural Police Station
Ex.A-2 :- Admission and discharge ticket (surgical) dated 26.3.2013
issued by St.Joseph's Hospital, Nellore
Ex.A-3 :- Medical bills 17 in number for Rs.7,208/- and lab reports
issued by St.Joseph's Hospital, Nellore
Ex.A-4 :- Attested Xerox copy of rough sketch prepared by Nellore
Rural Police Station dated 14.3.2013
Ex.A-5 :- Attested True copy of wound certificate of the claimant
Ex.A-6 :- Attested True copy of charge sheet in C.C.No.19/2014 on
the file of IV Additional Judicial Magistrate of First Class,
Nellore.
Ex.A-7 :- Outpatient card from 1.4.2013 to 27.8.2013 issued by
Akarsh Orthopaedic Hospital, Nellore.
Ex.A-8 :- Medical bills three in number for Rs.209, 369 and 758
respectively (total 1,336/-) issued by Namrath Medicals,
Pogathota, Nellore
Ex.A-9 :- Two receipts of consultation fee for Rs.500/- and Rs.400/-
respectively issued by Akarth Orthopaedic Hospital,
Pogathota, Nellore
Ex.A-10 :- Outpatient card dated 23.8.2016 issued by PW-2
Ex.A-11 :- X-ray film
Ex.C-1 :- Case Sheet maintained by Akarsh Orthopaedic Hospital, in
the name of the claimant
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Ex.C-2 :- Case sheet along with X-ray film.

6. On behalf of second respondent, RW-1/Sri S.Chenna Srikalyan, Administrative

Officer examined and got marked Ex.B-1policy bearing No.1512043112P0002317381,

valid from 10.2.2013 to midnight 9.2.2014 is marked.

7. Heard both sides and perused relevant records.

Issue No.1and 4:-

1 :- Whether the pleaded accident occurred on

account of rash and negligent driving of the Car
bearing Registration No.AP 07 K 7449 by its
driver and whether it resulted injuries to the
claimant?

4. :- Whether non-joinder of owner of the Auto

bearing No.AP 26 TA 7256 and its insurer of the
Auto are proper and necessary parties to this
petition and non-joinder thereto is fatal to the
petition?

8. It is not in dispute that first respondent is the owner of the offending Car

bearing Registration No.AP 07 K 7449. It is evident from Ex.B-1 insurance policy, Ex.A-

1 first information report and Ex.A-6 charge sheet . It is not in dispute that claimant

met with accident and received injuries on 14.3.2013 at 15.20 hours near Navabala

Durga Temple, Jonnawada Road. It is evident from Ex.A-1 first information report and

Ex.A-6 charge sheet. As per Ex.A-6 charge sheet one Muzamil Mohammed, son of late

Sandani drove the offending Car as on the material date of accident. PW-1 is cited as

witness (LW-2 in the charge sheet) as per Ex.A-6 charge sheet.

9. Learned advocate for the claimant argued that the accident took place due to

the rash and negligent driving of the driver of Car. On the other hand, the learned

advocate for the second respondent argued that the accident had occurred due to rash

and negligent driving of Auto bearing No.AP 26 TA 7256 and that there was
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overloading of Auto at the time of accident. First respondent, who is the owner of the

offending Car did not contest the proceedings and he was set exparte. Admittedly, the

respondents are not eye witnesses to the accident. Insurance company did not adduce

any evidence of its own regarding the manner of accident. To speak about the

accident, the second respondent did not choose to examine any witness except filing

petition under Section 170 of Motor Vehicles Act. RW-1, who is Administrative Officer

deposed evidence as per records only. He is not an eyewitness to the accident.

10. The claimant examined himself as PW-1. As per his evidence, the driver of the

offending Car bearing Registration No.AP 07 K 7449 drove his Car in a rash and

negligent manner and dashed their Auto in opposite direction. He denied a suggestion

that the driver drove the Auto in a rash and negligent manner and he was responsible

for the accident and that there is contributory negligence on the part of the claimant.

Nothing has been elicited from the cross-examination of PW-1 to disprove the

evidence regarding the rash and negligent driving of Car.

11. On the other hand, as per Ex.A-6 charge sheet , it is clear that the investigation

officer, after completion of investigation filed charge sheet alleging that the driver of

the Car bearing Registration No.AP 07 K 7449 drove his Car in a rash and negligent

manner and dashed the Auto of the claimant. . From the evidence of PW-1 coupled

with the contents of Exs.A-1 first information report and Ex.A-6 charge sheet, it is

clear that the driver of the Car drove the Car in a rash and negligent manner and

caused the accident. In the absence of any contrary evidence on behalf of second

respondent, it can safely be held that the accident occurred due to rash and negligent

driving of the driver of the Car bearing Registration No.AP 07 K 7449 and claimant

sustained injuries while the Motor vehicle was in use.

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12. As per Ex.B-1 insurance policy, the offending vehicle insured at the relevant

point of time, from 10.2.2013 to midnight 9.2.2014 . The accident took place on

14.3.2013, the policy was in force as on the material date of accident. Hence, I

answered the issues against the respondents and in favour of the claimant.

Issue No.2:-

2. :- Whether the driver of the Car bearing

Registration No.AP 07 K 7449 possessed valid
driving licence or not?

13. On the other hand, the learned advocate for second respondent argued

that the driver of the offending vehicle did not possess valid driving licence as on

the material date of accident and thereby violated the terms of the policy and

second respondent is not liable to pay compensation.

14. It is well settled that the onus is on the insurance company to prove that

there was willful breach of the terms of the policy as envisaged under Section

149 (2) of the Motor Vehicles Act. The second respondent examined RW-1, who

is working as Administrative Officer. He did not produce any evidence to prove

their contention that the driver of the offending vehicle did not possess valid

driving licence. Hence, the contention of the second respondent that the driver

of the offending did not possess valid driving licence as on the material date of

accident is hereby rejected. Accordingly I find the issue in favour of the claimant

and against the respondents.

15. Issue No.3:-

1. :- Whether the claimant is entitled to

compensation? If so, what amount?

As per Ex.A-5 wound certificate, the claimant sustained the following

injuries:-
1. :- Swelling, tenderness, deformity of
right thigh
2. :- An abrasion right thigh size of 4 C.M.,
X 2 C.M., red in colour
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3. :- An abrasion in red colour 3 C.M., X 2
C.M.,
4. :- Bleeding from nose
5. :- A lacerated wound right knee 3 C.M.,
X 2 C.M., X 0.5 C.M., bleeding present
6. :- Pain and tenderness of right shoulder.

As per X-ray report, there was fracture of right femur noted. Injury No.1 is

grievous in nature and other injuries are simple in nature.

16. In order to prove the injury, the claimant examined PW-2/Dr.D.Narayana

Reddy, Orthopaedic Surgeon, who deposed that there was fracture of right femur.

Surgery was done in the form of nailing on 18.3.2013. The patient was discharged

on 26.3.2013. He assessed disability upto 30% because of one inch shortening of

right leg with stiffness of right knee joint. The patient may require removal of nail

in future, which costs around to Rs.32,000/- to Rs.35,000/-. Ex.C-1 is case sheet. He

admitted that Ex.A-3, Ex.A-5, Ex.A-10 and Ex.A-11 issued from their hospital. He

admitted that fracture is united. He denied a suggestion that he is not competent

to assess disability and disability assessed by him is not correct.

17. PW-3 is Civil Assistant Surgeon, in D.S.R., Head Quarters Hospital,. He

examined PW-1 on 14.3.2013 and he issued Ex.A-5 wound certificate. Ex.C-2 is

case sheet of the patient. The occupation of the claimant is noted as driver in

Ex.C-2.

18. As per evidence of PW-1 to PW-3, coupled with the wound certificate in

Ex.A-5 and Ex.C-1 and Ex.C-2 case sheets, I hereby award Rs. 30,000/- towards

pain and suffering and also awarded Rs.1,000/- towards Transport Charges.

19. As per evidence of PW-1, he is a Auto driver and earning Rs.300/- per day.

He did not produce any evidence that he is earning Rs.300/- per day. Taking into

consideration of evidence on record, I hereby fixed the monthly income of

claimant as Rs.4,000/-.Taking into consideration of injuries received by PW-1, I

hereby award Rs.12,000/- for loss of earnings for a period of three months.
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20. PW-2 deposed that the PW-1 sustained permanent disability upto 30% as

there was shortening of leg and stiffness in the leg. Admittedly, PW-1 is a driver.

He will face difficulty in driving the Auto as there was shortening and stiffness of

leg. Taking into consideration of evidence of PW-1 and Pw-2, I hereby assess

permanent disability upto 15% .

21. The annual income of claimant comes to Rs.48,000/-. As per Ex.A-5 wound

certificate the claimant is aged 40 years. In the absence of any document

produced by the claimant, the age of the claimant is taken as 40 as on the material

date of accident. The appropriate multiplier for the age group of 36 to 40 is 15.

The total loss of future earnings comes to Rs.1,08,000/- ( Rs.48,000 X 15 X

15/100). Hence, I hereby award Rs.1,08,000/- towards permanent disability.

22. Petitioner filed medical bills in Ex.A-3, Ex.A-8 and Ex.A-9. PW-2 and PW-3

admitted the medical bills. Nothing has been elicited from the cross-examination

of PW-1 to PW-3 to disprove those bills. Taking into consideration of medical bills

in Ex.A-3, Ex.A-8 and Ex.A-9, I hereby award Rs.9,444/- (Rs.7,208 + Rs.1,336 +

Rs.900). I hereby award Rs.9,444/- towards medical expenses. Rest of the claim

is hereby rejected.

The compensation awarded to the petitioner is as follows:-

S.No. Nature of Amount awarded

compensation
1. Pain and suffering Rs.30,000-00
2. Transport charges 1,000-00
3. Loss of earnings Rs.12,000-00
4. Permanent disability Rs.1,08,000-00
4. Medical Expenses 9,444-00
Total Rs. 1,60,444-00
(Rupees one lakh sixty thousands four hundred forty four
rupees only)

Accordingly, this issue is answered.

23. Issue No.5:-

To what relief?
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As per the findings on Issues Nos.1 to 4, I here by award Rs.1,60,444/- to

the claimant against the respondents 1 and 2 jointly and severally.

24. In the result, the claim of the claimant is hereby partly allowed with

proportionate costs, awarding compensation of Rs.1,60,444/- (Rupees one lakh

sixty thousands four hundred forty four rupees only) to the claimant against

the respondents 1 and 2 jointly and severally and with subsequent interest at the

rate of 7.5% per annum from the date of petition till the date of deposit. The

award amount shall deposit within one month. On deposit the petitioner is hereby

ordered to withdraw entire amount. Advocate fee is fixed at Rs.1,500/-. The rest

of the claim is hereby dismissed without costs.

Typed on my direct dictation by the steno-typist corrected and

pronounced by me in the open Court on this the 3rd day of April 2017.

Chairman,
IV ADDL.MOTOR ACCIDENTS CLAIMANTS TRIBUNAL,
NELLORE.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED FOR

WITNESSES EXAMINED ON BEHALF OF CLAIMANT

PW-1 :- Dasuri Venkata Ramanaiah, who is the claimant herein
Pw-2 :- Dr.D.Narayana Reddy, who is Orthopaedic Surgeon
PW-3 :- Dr.Gundu Veeranarayana, who is working as Assistant
Professor in A.C.S.R.Medical College, Nellore.
DOCUMENTS MARKED ON BEHALF OF CLAIMANT
Ex.A-1 :- Attested copy of First information report in crime
No.89/2013 of Nellore Rural Police Station
Ex.A-2 :- Admission and discharge ticket (surgical) dated 26.3.2013
issued by St.Joseph's Hospital, Nellore
Ex.A-3 :- Medical bills 17 in number for Rs.7,208/- and lab reports
issued by St.Joseph's Hospital, Nellore
Ex.A-4 :- Attested Xerox copy of rough sketch prepared by Nellore
Rural Police Station dated 14.3.2013
Ex.A-5 :- Attested True copy of wound certificate of the claimant
Ex.A-6 :- Attested True copy of charge sheet in C.C.No.19/2014 on
the file of IV Additional Judicial Magistrate of First Class,
Nellore.
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Ex.A-7 :- Outpatient card from 1.4.2013 to 27.8.2013 issued by
Akarsh Orthopaedic Hospital, Nellore.
Ex.A-8 :- Medical bills three in number for Rs.209, 369 and 758
respectively (total 1,336/-) issued by Namrath Medicals,
Pogathota, Nellore
Ex.A-9 :- Two receipts of consultation fee for Rs.500/- and Rs.400/-
respectively issued by Akarth Orthopaedic Hospital,
Pogathota, Nellore
Ex.A-10 :- Outpatient card dated 23.8.2016 issued by PW-2
Ex.A-11 :- X-ray film
Ex.C-1 :- Case Sheet maintained by Akarsh Orthopaedic Hospital, in
the name of the claimant
Ex.C-2 :- Case sheet along with X-ray film.
WITNESSES EXAMINED ON BEHALF OF SECOND RESPONDENT
DOCUMENTS MARKED ON BEHALF OF SECOND RESPONDENT
RW-1/Sri S.Chenna Srikalyan, Administrative Officer examined and got
marked Ex.B-1policy bearing No.1512043112P0002317381 valid from
10.2.2013 to midnight 9.2.2014 is marked.

CHAIRMAN
IV ADDL.MOTOR ACCIDENTS CLAIMANTS TRIBUNAL,
NELLORE.