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.No.890 of 2019 DATE: 17.02.2026 Between:

National Insurance Company Ltd., Hero Honda vertical 101, 106, BMC, HOUSE NI, Connaught Palace, New Delhi - 110 001 …..Appellant AND Sayed Azahar and another ….Respondents

JUDGMENT:

This appeal is filed by the appellant-insurance company, under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and decree dated 11.12.2015 passed by the Chairman, Additional Motor Accidents Claims Tribunal-cum-Judge, Family Court-IV Additional District and Sessions Judge, Adilabad (for short, “the Tribunal”) in M.V.O.P.No.12 of 2013, whereby the Tribunal awarded compensation of Rs.2,34,509/- with interest at 9% per annum for injuries sustained by the claimant-respondent No.1 herein in a motor vehicle accident.

2. The brief facts of the case are that on 09.05.2012, at about 9:00 AM, the claimant-respondent No.1 herein was riding his motorcycle bearing No.AP1-AC-7634 towards Ambedkar Nagar and when he reached near Anukunta BT Road, a motorcycle bearing No.AP1-AC-5714 driven by its rider in a rash and negligent manner with high speed collided with the motorcycle of the claimant- respondent No.1 herein. As a result of the collision, the claimant- respondent No.1 herein sustained multiple grievous injuries, including deformity and restricted movements with a fracture of the left tibia, bleeding from both ears, a grievous fracture of the occipital bone, lacerations over the left leg and occipital region. The claimant was initially shifted to RIMS, Adilabad, and later referred to the Central India Institute of Medical Sciences, Nagpur, where he was an inpatient from 09.05.2012 to 12.05.2012. He subsequently underwent treatment at Sanjeevan Multi Specialty Hospital and Research Institute, Yavatmal, and underwent surgery (ORIF-C Locking Plate and bone grafting) at Wellbone Fracture & Orthopedic Hospital from 11.07.2012 to 20.07.2012. Stating that he was 35 years old at the time and involved in a wholesale chicken business earning approximately Rs.10,000 per month and due to the said accident, he not only incurred expenditure for treatment but also incurred loss in his business, he filed the aforesaid claim petition before the Tribunal seeking compensation of Rs.3,00,000/-.

3. Before the Tribunal, respondent No.1 i.e., owner of the offending vehicle remained ex parte. The appellant-insurance company (respondent No.2 in the claim petition) filed a counter- affidavit denying all allegations regarding the accident and its liability. It was contended that the collision occurred due to the claimant’s own rash and negligent riding and challenged the claimant for not producing a valid driving license or registration documents. Furthermore, it disputed the severity of the injuries, the authenticity of the medical bills, and the disability certificate and contended that the compensation claimed was excessive and thus requested to dismiss the petition.

4. The Tribunal, after considering the evidence, held that the accident occurred solely due to the negligence of the rider of the offending motorcycle and awarded compensation of Rs.,2,34,509/- with interest @ 9% per annum from the date of petition until realization. Aggrieved by the same, the appellant-insurance company filed the present appeal.

5. Learned Standing Counsel appearing for the appellant- insurance company vehemently contended that the Tribunal erred in its findings regarding negligence and that the compensation awarded was excessive and lacked proper documentary support for the same. Learned Standing Counsel further argued that the claimant failed to prove that he possessed a valid driving license at the time of the accident and that the rate of interest awarded by the Tribunal at 9%

per annum was excessive.

6. On the other hand, learned counsel for the respondent No.1- claimant argued that the accident occurred solely due to the rash and neg