BODDA KRISHNA RAO Vs. TOMPA RAMANAMMA
HIGH COURT OF ANDHRA PRADESH
BODDA KRISHNA RAO
Referred Judgements :-
K. RAMULU VS. SHAIK KHAJA
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(1.)The appellant who received injuries in a motor accident filed the claim petition claiming a compensation of Rs.50,000/- for the injuries received by him. On a consideration of the evidence of the victim and also the Doctor who treated him the Tribunal awarded an amount of Rs.15,000/- as against the owner and the driver of the tractor. Aggrieved against the said award, the owner and driver of the Tractor filed this appeal.
(2.)A perusal of the award shows that no liability has been fixed on the Insurance Company. The evidence of P.Ws.1, 2 and 4 shows that P.W.1, the claimant, was travelling in the tractor at the time of the accident and she got into the tractor with the consent of the driver of the tractor while returning from cooli work. The driver was charge sheeted before a Criminal Court in C.C.No.21/86 on the file of the Judicial Magistrate of First Class, Takkali under Section 338 IPC and Section 277 read with Section 112 of the Motor Vehicles Act. In that case the driver himself admitted his fault and there is no evidence contrary to his statement. The evidence of P.Ws.1, 2 and 4 coupled with the evidence of Doctor shows that P.W.1 received injuries and they are serious in nature. P.W.4 also stated in the wound certificate that person (P.W.1) who received injuries would be unable to perform her routine activities for about six months. The claimant is a young unmarried lady.
(3.)The learned counsel for the appellants contended that she herself voluntarily got into the tractor. But when once she is allowed to travel in the tractor and she got injuries due to the rash and negligent driving of the driver of the tractor, she is entitled to claim compensation from the owner. The amount of Rs.15,000/- granted by the Tribunal is not on the high side. Following the judgment of this Court in K. Ramulu vs. Shaik Khaja this Court feels that under Section 92-A of the Act, the Insurance Company is liable to pay the amount to the maximum extent in the case of an injured i.e., at Rs.7,500/-. Therefore, the insurance company is liable to pay Rs.7,500/- and the remaining amount of Rs.7,500/- is payable by the owner of the tractor. :
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