Telangana High Court
United India Insurance Co Ltd vs Kandadi Manemma on 4 July, 2018
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
M.A.C.M.A.No.3051 of 2005
JUDGMENT:
This appeal is filed under Section 173 of the Motor Vehicles Act, 1988, by the appellant-Insurance Company aggrieved by the order dated 01.08.2005 passed in O.P.No.1017 of 2001 on the file of the Motor Accident Claims Tribunal-cum-V Additional Chief Judge, City Civil Court, Hyderabad.
2. Heard the learned counsel for 1st respondent- claimant and perused the record. Even though the matter is listed under the caption 'for orders', there is no representation for the appellant-Insurance Company. This appeal is of the year 2005. Hence, it can be disposed of on merits.
3. The appellant in the grounds of appeal contended that the Tribunal had taken Rs.1,500/- as monthly income of the respondent-injured without any documentary evidence. The Tribunal ought to have rejected the disability certificate issued by P.W.2-doctor, who did not treat the respondent-injured. The assessment and grant of compensation of Rs.1,77,000/- is excessive and it is liable to be reduced.
4. Learned counsel for the respondent-claimant would contend that the Tribunal had rightly assessed and awarded the compensation. There are no circumstances to interfere with the same and ultimately prayed to dismiss the appeal.
5. There is no dispute with regard to the respondent- claimant suffering injuries in a road accident caused by a DCM van bearing No.MH23 286 driven by its driver in a rash and 2 negligent manner on 16.11.2000. The only dispute is with regard to quantum of compensation.
6. As per Ex.A3-wound certificate, the respondent- claimant suffered with fracture of right thigh humur. Ex.A4- disability certificate shows that the respondent suffered 50% partial and permanent disability. The evidence of P.W.2-doctor, who is the member of the Medical Board, substantiates the same. Therefore, taking the disability and taking income of the respondent-injured at Rs.1,500/- per month and assessed the compensation at Rs.1,17,000/- towards permanent disability cannot be faulted. The Tribunal also granted an amount of Rs.60,000/- on other heads by assigning the reasons. The assessment of compensation by the Tribunal is based on evidence on record. There is nothing to take a different view.
7. In the result, the appeal is dismissed.
Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.
______________________ Dr. SHAMEEM AKTHER, J 4th July, 2018 ssp