JUDGMENT:

This appeal is filed by the appellant-claimant under Section 173 of the Motor Vehicles Act, aggrieved by the order and decree dated 02.08.2018 passed in M.V.O.P. No.364 of 2012 by the Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge, Karimnagar (for short, “the Tribunal”), whereby compensation of Rs.95,000/- was awarded for the injuries sustained by him in a motor vehicle accident.

The brief facts of the case are that on 05.01.2011, the appellant-claimant, while travelling in a Maruthi Omni Van bearing No.AP-15-AJ-7062, met with an accident due to the rash and negligent driving of its driver. As a result, the claimant sustained multiple grievous injuries, including fractures, and underwent surgeries and prolonged treatment. He filed the aforesaid claim petition before the Tribunal seeking compensation of Rs.3,00,000/- for the injuries sustained in the said accident. The Tribunal, upon appreciation of oral and documentary evidence, held that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle and awarded a total compensation of Rs.95,000/- with interest @ 7.5% per annum from the date of petition till deposit. However, the Tribunal exonerated the Insurance Company on the ground that the appellant-claimant travelled as a fare-paid passenger in a private vehicle, thereby violating the policy conditions, and fastened the liability only on the owner of the vehicle. Aggrieved by the quantum of compensation and also the fastening of liability solely on the owner, the present appeal is filed seeking enhancement and fixation of liability on the insurer.

Considered the submissions of learned counsel for the appellant and the learned Standing Counsel for respondent No.2– Insurance Company and perused the record.

There is no dispute with regard to the finding of the Tribunal that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. The said finding has attained finality and does not warrant interference.

Coming to the quantum of compensation, the evidence on record clearly establishes that the appellant-claimant sustained four grievous fracture injuries and underwent two surgeries. The Tribunal awarded Rs.40,000/- towards pain and suffering, which, in the considered opinion of this Court, is on the lower side having regard to the nature of injuries, period of treatment and surgeries undergone. Accordingly, the same is enhanced to Rs.80,000/-. The Tribunal awarded Rs.10,000/- towards extra nourishment. Considering the prolonged treatment and repeated hospitalizations, the same is enhanced to Rs.20,000/-. Further, the Tribunal granted Rs.5,000/- towards transportation charges, which is also meagre, and the same is enhanced to Rs.10,000/-. Insofar as the amounts awarded under other heads, namely medical expenses (Rs.10,000/-) and loss of earnings (Rs.30,000/-), this Court finds that the Tribunal has taken a reasonable view based on the evidence available on record, and the same do not warrant interference. Thus, the total compensation is re-assessed at Rs.1,50,000/- (Rs.80,000/- + Rs.20,000/- + Rs.10,000/- + Rs.10,000/- + Rs.30,000/- ).

With regard to liability, the Tribunal exonerated the Insurance Company on the ground that the appellant-claimant was a fare-paid passenger in a private vehicle, which amounts to violation of policy conditions. The evidence on record also indicates such violation on the part of the owner of the vehicle. However, it is a well-settled principle of law that even in cases where there is a breach of policy conditions, the Insurance Company cannot be completely absolved of its liability vis-à-vis third party claims. Once the policy admittedly covers third-party risk, the claimant’s entitlement cannot be defeated by internal breaches between the insured and insurer. The deceased was a third party, and the claim arises out of statutory liability. In Kusum Lata & Othe