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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA
S. Laxmi – Appellant
Versus
Sarabjeet Kushwaha – Respondent
JUDGMENT :
NARSING RAO NANDIKONDA, J.
This M.A.C.M.A. is filed under Section 173 of M.V.Act, 1988 by the appellants/claimants against the order passed by the XXV Additional Chief Judge City Civil Court, Hyderabad, (hereinafter referred to ‘learned Tribunal’) in M.V.O.P.No.1101 of 2012, dated 22.07.2020, wherein the learned Tribunal granted compensation of Rs.4,89,500/- to claimants, wherein claimants had earlier filed claim petition under Section 166 -A, however, later the Section of Law was altered from 166 of Motor Vehicle Act to Section 163 -A of Motor Vehicle Act, vide orders in IA No.1883 of 2018 dated 07.02.2019.
2. The brief facts of the case are that on 02.01.2012, Sri P.Manohar Reddy (herein after referred as ‘deceased’) and his friends were returning to Hyderabad in Innova Car bearing No.AP-11-AD-7785 and when they reached Addakal village, a lorry bearing No. NL-01/G0579, driven by driver rashly and negligently all of a sudden stopped the lorry without any precautions due to which the rear side of the lorry hit the deceased car. The inmates of the car sustained grievous injuries, the deceased sustained grievous injuries and multiple fractures on the viral parts of the body
Compensation under Section 163-A of the MV Act is granted without needing to prove negligence, focusing on providing immediate relief to claimants with a capped income limit.
Section 163-A of the Motor Vehicles Act allows compensation without proving driver negligence, capping annual income at Rs.40,000, with emphasis on expeditious relief to claimants.
When a tribunal misapplies repealed or non-existent legal provisions, it must rectify the error and adjudicate the claim under the correct statutory framework to ensure the grant of just compensation....
A claim petition filed under Section 163A of the M.V. Act can be treated under Section 166 if sufficient evidence of negligence is established, ensuring just compensation.
The court affirmed that claims under the Motor Vehicles Act must prioritize just compensation and liability based on the substantive nature of the claim rather than strict adherence to procedural sec....
The court clarified that claims under Section 163-A of the Motor Vehicles Act are limited to no-fault liability, while Section 166 allows for claims based on negligence, impacting the compensation aw....
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