IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY M.A.C.M.A.Nos.574 and 2233 of 2019 DATE: 12.02.2026 M.A.C.M.A.No.574 of 2019 Between:

United India Assurance Company Limited, Rep by its Branch Manager, Branch Office, Balaji Complex, Gangareddy Road, Mancherial.

…..Appellant AND Seggam Geeta Rani and three others ….Respondents M.A.C.M.A.No.2233 of 2019 Between:

Seggam Geeta Rani …..Appellant AND Ghouse Shaik and three others ….Respondents

COMMON JUDGMENT

MACMA.No.574 of 2019 is filed by the Insurance Company challenging the judgment and award dated 26.02.2019 passed in O.P.No.75 of 2018 by the Chairman, Motor Accident Claims Tribunal- cum-III Additional District Judge at Asifabad (for short, “the Tribunal”)

whereby the Tribunal granted Rs.2,89,500/- as compensation with interest at 9% p.a., in favour of the claimant for the injuries sustained by her in a motor vehicle accident, whereas the claimant filed M.A.C.M.A.No.2233 of 2019 seeking enhancement of the compensation awarded by the Tribunal.

2. For the sake of convenience, the parties will hereinafter be referred to as arrayed before the Tribunal.

3. The brief facts of the case are that on 08-10-2016 at about 2:30 p.m. the claimant was travelling as a passenger in an auto-rickshaw bearing registration No.TS-01-UB-1420 towards Burdagudem and when the auto reached near Pulimadugu Village, a Bolero Jeep bearing registration No.TS-01-UB-2970, coming in the opposite direction, dashed against the auto. Both vehicles were driven in a rash and negligent manner, resulting in the collision. The claimant sustained grievous injuries, including a vertebral fracture. She was initially treated at Medilife Multi Specialty Hospital, Mancherial, and was later referred to NIMS Hospital, Hyderabad. She also underwent further treatment at Archana Hospital, Miyapur, Hyderabad, where she was admitted as an inpatient for nine days and underwent multiple medical tests and procedures. Alleging that due to the injuries she suffered severe pain and agony, incurred substantial medical expenses, and was prevented from attending to her work as a coolie, thereby resulting in loss of income, the claimant filed the aforesaid claim petition before the Tribunal seeking compensation of Rs.5,00,000/-.

4. Before the Tribunal, the driver and owner of auto i.e., respondent Nos.1 and 2 remained ex parte. Respondent No.2 i.e., owner-cum-driver of the Bolero Jeep denied negligence and contended that the accident was caused solely due to the rash and negligent driving of the auto. Respondent No.3 (insurer) also denied liability, contending that the quantum claimed by the claimant was excessive and not fully substantiated. On consideration of pleadings and evidence, the Tribunal held that the accident occurred due to the rash and negligent driving of both vehicles, awarded compensation at Rs.2,89,500/– with interest at 9% p.a. in favour of the claimant and directed payment by the respondents in equal proportions. While the Insurance Company preferred MACMA No.574 of 2019 challenging liability and quantum, the claimant filed MACMA.No.2233 of 2019 seeking enhancement of compensation.

5. Considered the submissions of the learned counsel for the parties and perused the record.

6. So far as negligence and liability are concerned, it is undisputed that the claimant was a passenger in the auto-rickshaw bearing registration No.TS-01-UB-1420 on 08-10-2016 when the collision occurred with a Bolero Jeep bearing registration No.TS-01-UB-2970 near Pulimadugu Village on BT Road. The claimant’s testimony, supported by medical records and bills, establishes that she sustained grievous injuries including fracture of vertebrae necessitating treatment at multiple hospitals, including Medilife Multi Specialty Hospital, NIMS Hospital, and Archana Hospital. In the absence of any credible evidence to the contrary, the finding of the Tribunal that both vehicles were driven rashly and negligently is af