The High Court · 2025
: Sri S.Surender Reddy Counsel for the Respondents The Court made the following : JUDGMENT 4 the learned counsel sought to grant compensatiolr ir f:rvour o[ the appcllants-claimants by setting asidc the impugned (,r I r passc(l b-v the Tribunal.
6. On the other hand, Iearned Standing Counsel li,r lhc resl)ondcnt No.2-insurance company supported the finding of tLr( ribtlnal tllat at thc time of accident, the driver of the auto did not ILt I a valid drivirrg licencc; thc auto was not correctly insured; the tnsrrt rtrcr: polrc:1' l':rs not effective; and hence, the insurer cannot bc [ast,'rr d rrLth lrabilitl . As sLrch, thc Iearned Standing Counsel ultimalel-v pra' ri llrrs ( olrrl t() dismiss thc prcsen t appeal.
7. In view of the submissions made by both sxlcs. thc poirrts that arisc lor determination in this appeal are: L Whether the finding oJ the Tibunal thrt! r '' ar c rrlt ttl tt'rt.'; causctl due to the rash and negligent drt-uv tJ tlt(' oJti'ttlttlq atlo [s acceptable or Ltthether there bes co|lt tl ttot-!! rt<:tlltqt'nt'L' orr tlte port of deceased?
2. Whether the Tibunal's cctlculation .lt R-s ,, I .OOo. l.tr,rtnls co mpe nsation b justiJiable?
3. If compensatbn is to be awardec[ whethcr i ltilit:1 sltottltl lt<' fastened upon the insurer by applg utg LLL( ) tl ttrul rt:(ttttcr'' principle?
4. Tct tuhot relieJ?
3. POTNT No.I: On a careful revie$, of the plceLrlrr s. r'r irlt'ncr on rccord, including FIR, charge-sheet, post-mortem r. T )r.1. cvc\\'Ll,ncss evidencc (from pillion rider), and othcr exhibits, it is ac r'qrri:d lhal Ihc CfiADA \/lrn n BHA5KAIi REDDY 5 accident occurred on account of rash and negligent driving of the auto- rickshaw by its drivcr. There is no credible cvidence on record to lix contributory negligence upon the deceased. Thc evldence of the appellants-claimants remains un-rebutted. 'l'herelore, the hnding of the l'ribunal that the accident was caused solely duc ro thc negligent driving by the auto cannot be faulted.
9. POINT No.2: Whilc assessin g thc quantum of compensation, considering the age of the dcceased (22 years), his r,vorking life, and the realistic expectation of carnings, the nouonal income adopted by the Tribunal is reasonable and the amounts arvardccl under.,,arious heads i.e., loss of dependency, loss o[ Iove & aflcction, loss of estate, funeral and obsequies expenses, transport chargcs are justified. Accordingly, the award of Rs.7,83,000/ toivards compenseition czrn be rnaintained.
10. POINT No.3: The Hon'ble Supremc Court rn its rcccnt decision in Ratrnq. Bai us. M,/s. Amit Minerals through Incharge Oflicer/ Competen| Officer and anotherl, rciterated the doctrirle of "pay and recover" and held that even if on the date of accident thc driver lacked a valid licence and thus there rvas breach of policv conditions, the insurer should not be permitted to deny compensation to the innocent victim/ dependents. The insurer must first satisfy the arvard, and only thereafter has a right to recover the paid su[r [r()rn lhc insured /owner. '2025 SCC Online SC 2067 LHADA VUAYA BHASKAR REDDY Dd' ",,"rae,is*nitroo, ( ( 6 ln view of the samc, this Court hnds that liabitrl.,. or Paymcnt of compensation nlllst be fastened on the insurer i.c., rt sponrlcnt No.2, rvith a libcrty to rccovcr the amount paid from thc ou,r i in accorclance rvith larv
11. Accordingly, this appeal is allowed, setting asir r order passed by tlre Tribunal and awarding r c Rs.7,83,O0O/ in favour of the appellants,claiman t:i thc !mpusned npensalion of ith inlerest 4
7.Sok pcr annunr from the date of petition till retrlizati.: r Rospondent No.2 is dircctccl to l)ay the said amount to the appcllrrr s cia irnan ts in the first instancc and thereafter, recover the same [ror 1hc os,ncr i.c.. responde nt No.l. in accordance with law. Time I cornl)cnsatron a rount along with interest is tu,o (02) r r rlatc oI re(.eil]l of copy of this judgment. On s r appcllants/clrrurants are pcrmitted to withdra,\ r ricposit the )nths ttonr thc dcposit. thc rlrc cltllr c colnpensiition anlount along with the accrued interesr r tuali\,, without furnishing a nv st:curity. .\s :r scrlrrcl. miscellaneous petitions pending, il r v, sh;rll srand closcd. No or dcr as to costs- SD/. IVI, REDDY 'AWAHAR ASSI]; TANT REGISTRAR //TRUE COPYII S ECTI N OFFICER t j To, ,"0 sJ..11".:ffJlXt,,y;jor Accident claims rribunar- cur -principar District
2. One CC to Sri S.surender Reddy, Advocate tOpUCl 3. Two.CD Copies Sr vP S L .,1. -9 HIGH COURT DATED:1011212025 JUDGMENT + DECREE MACMA.No.201of 2019 IHE SIA ( / ( C j 6 [[B 20?6 ( ( Pz * Vss.,n \\;:.- .Tc * ALLOWING THE MACMA v\ v\ Ira II [ 32s61 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE C.V.BHASKAR REDDY MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 201 OF 2019 Between :
6. D-Bheeramma, Wo. Lachaiah, Age- 55 years, Occ- Household 7. D. Lachaiah, S/o. Bheeraiah, Age- 59 years, Occ- Coolie, 8. D. Radha, , D/o. Lachaiah, Age- 30 years, Occ- Household, 9. D. Malleshwari,, D/o. Lachaiah, Age- 29 years, Occ- Household, 10. D.Shushma, D/o. Lachaiah, Age- 24 yearc, Occ- Household, All are R/o H.No.4-54, Teachers Colony, Adilabad Mandal and District. AND 3 4 T.RAV|, S/o. Gangaiah, Age- Major, Occ- Owner of auto bearing No. AP.O1 .X.2219 Rl/o. H.No. 7-93, Bellal, Kadam Mandal, Aditabad Diskict. United lndaia lnsurance Company Limited,, Rep. by its Branch Manager, Branch Office, OPP- RTC bus depot, Nirmal, Adilabad District. ...Appellants/Petitioners ...Respondents/Respondents Appeal filed Under Section 173 of Motor Vehicles Act against the Judgment and decree in IM.V.O.P.No.490 of 201 3, dated 1 9.09.201 7 on the file of the Chairman, lVlotor Accident Claims Tribunal- Cum-Principal District and Sessions Judge, Adilabad. This Appeal coming on for hearing and upon perusing the grounds of appeal, the judgment and Decree of the Lower court and the material papers in the case and upon hearing the arguments of Sri S.Surender Reddy, Advocate for Appellant and None appeared for the Respondents. I This Court doth order and decree as follows: 1 . That the Motor Accident Civil Miscellaneous Appeal be a 2. That by setting aside the impugned order passed awarding compensation of Rs.7,83,000/- in favour of tl-e with interest @ 7 -5o/o per annum from the date of petitior 3. That the Respondent No.2 be and hereby is directed tr to the appellants-claimants in the first instance and 1t same from the owner i.e., respondent No-'1 , in accordar r 4. That the time to deposit the compensation amount alcr (02) months from the date of receipt of copy of this judgn 5. That On such deposit, the appellants/claimants are petl entire compensation amount along with the accrued ir t furnishing any security.
6. That save as aforesaid, the decree of the tribunal shall s rd hereby is allowed. ry the Tribunal and appellants-claimants till realization. pay the said amount ereafter, recover the e with law. E with interest is two ent. rifted to withdraw the )rest equally, without ands confirmed in all other respects, and
7. That there shall be no order as to costs in this appeal. //TRUE COPY// SD/- II .JAWAHAR REDDY ASSiI ;TANT REGISTRAR SECT OFFICER To,
1. The Chairman, ,4otor Accident Claims Tribunal- () rm-principal District and Sessions Judge, Adilabad.
2. Two CD Copies Svs/PSL \,y HIGH COURT DATED:1011212025 I I DECREE MACMA.No.201of 2019 ALLOWING THE MACMA