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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

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THE HON’BLE SRI JUSTICE GADI PRAVEEN KUMAR

M.A.C.M.A.No.1074 of 2024

DATE: 22.12.2025

Between

M/s. Shriram General Insurance Company Limited

…Appellant/respondent No.3

AND

Kankanala Kumaraswamy and two others

…Respondent No.1/petitioner

JUDGMENT:

1.

Sri Grandhi Raj Kumar, learned counsel for the appellant/

Insurance Company, and Sri Ramanjaneyulu, learned counsel

appearing for Sri T.Surya Satish, learned counsel for the respondent/

claimant and perused the record.

2.

The Motor Accidents Civil Miscellaneous Appeal is filed by the

Insurance Company assailing the order passed by the learned

Chairman, Motor Accidents Claims Tribunal-cum-Principal District

Judge, Jayashankar Bhupalpally, (for short, ‘the Tribunal’) in

M.V.O.P.No.481 of 2022 (Old MVOP No.1035 of 2017) dated

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05.01.2024 in allowing the claim of the claimant to the extent of

Rs.22,84,800/- together with interest @7% per annum.

3.

The parties herein are referred to as they are arrayed in the MVOP.

4.

The facts leading to filing of the OP are that on 26.02.2015 the

petitioner while attending to his duties as labour and as part of his

work, he along with his colleagues loaded the cement bricks in Tractor

bearing No.AP 15 AS 0891 of the respondent No.2 and boarded the

same for unloading, and while they were proceeding from Ghanpur (M)

to Buddaram Village and when the said vehicle reached at the outskirts

of Narayanagiripally Village, the respondent no.1 drove the vehicle in

rash and negligent manner with high speed, meanwhile the front tyre

of tractor busted and the tractor turned turtle, due to which, the

petitioner sustained severe injuries i.e. grievous diffuse axonal injury e

basal SAH and other injuries all over the body. Immediately after the

accident, the petitioner was shifted to hospital and during the course of

treatment, the petitioner underwent Coma for more than one year.

5.

It is further contended that the accident occurred only due to the

negligence of the driver of the offending vehicle and as such a

complaint was lodged at PS. Venkatapur, basing on which, a case in

Crime No.39 of 2015 under Section 338 IPC was registered and the

charge sheet was filed for the offence punishable under Section 338

IPC.

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6.

Due to accident, the petitioner forced to stay in his house and

unable to attend his duties without the aid and assistance of the

attendant and his family members are also suffering from starvation

since he is the only person who is looking after the affairs of the

house. As such, the petitioner/claimant prayed to grant compensation

of Rs.8,00,000/-.

7.

The respondent Nos.1 and 2 are remained ex parte.

8.

The respondent No.3 filed its counter-affidavit while denying the

allegations made in the claim petition, contended that the accident

occurred due to the negligence of the petitioner and there was no

negligence by the respondent No.1. It is further contended that the

respondents did not admit the age, avocation and earnings of the

petitioner and that the respondent No.1 was not having a valid driving

licence as on the date of the accident. It is also contended that the

claim is exorbitant and excessive and accordingly, prayed to dismiss

the petition.

9.

The learned Tribunal basing on the pleadings framed the following

issues for consideration:

“1. Whether the accident occurred on 26.02.2015 at about 16.00

hours at the outskirts of Narayanagiripally Village, Ghanpur Mandal,

Warangal District, due to rash and negligent driving of the driver of

Tractor bearing No.AP 15 AS 0891 causing injury to the petitioner?

2. Whether the petitioner is entitled to compensation as claimed

for? if so, to what extent and from whom?

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3. To what relief?”

10.

During the course of enquiry, on behalf of the petitioner/claimant,

PWs.1 and 2 were examined and docuemnts-Exs.A.1 to A.5 and Ex.X.1

were marked. On behalf of the respondent No.3, RW.1 was examined

and marked as Ex.B.1. On behalf of the Court, CW.1 was examined

and got marked Exs.C.1 and C.2.

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