UNITED INDIA INSURANCE COMPANY LIMITED Vs. B JAIRAM

JUDGEMENT

(1.) JUDGMENT :The United India Insurance Company Limited, Divisional Office-V, Vengalrao Nagar, Kukatpalli Road, Hyderabad, represented by its Divisional Manager, the 2nd respondent in O.P. No. 1755/2001 on the file of Motor Accidents Claims Tribunal-cum-Additional Chief Judge, City Civil Court, Hyderabad, had preferred the present Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988. In C.M.P. No.1195/ 2003 this Court granted interim stay dated 23-1-2003. The claimant/1st respondent in the Appeal filed C.M.P. No.4062/2003 in C.M.P. No.l 195/2003 to vacate the interim stay granted. When the vacate application came up for hearing, inasmuch as only a short question is involved, with the consent of both the parties, the main Civil Miscellaneous Appeal itself is taken up for final hearing and that is how the Civil Miscellaneous Appeal is being disposed of after hearing the Counsel on record today.

(2.) The only question raised in the present Appeal by the appellant/Insurance Company is that the claimant is not entitled to maintain the claim under Section 166 of the Motor Vehicles Act, 1988 in view of the bar imposed by Section 53 of Employees State Insurance Act, 1948, hereinafter in short referred to as "Act". The facts in short are as hereunder:

(3.) The 1st respondent herein filed O.P.No. 1755/2001 on the file of IV Additional Chief Judge-cum-Motor Accidents Claims Tribunal, City Civil Court, Hyderabad under Section 166 of the Motor Vehicles Act, 1988 praying the Tribunal to award the compensation of Rs.1,50,000/- to him for the injuries sustained by him in a tipper accident. It is stated that in the petition that by the time of accident, the claimant was aged 22 years and was earning Rs.2500/- per month by working in a courier service. While so, on 1-7-2001 at about 10 a.m., when he was proceeding on his scooter bearing No.AP 9 N 5041 from G.T.S. Colony to S.R.Nagar Cross Roads, near Jawaharnagar Electrical office, suddenly the tipper of the 1st respondent bearing No.APR 1363 being driven by its driver at high speed and in a rash and negligent manner came from the opposite direction towards wrong side and dashed against his scooter and consequently he fell down and the right side front wheel of the lorry ran over his left leg resulting in fracture of both bones of left leg apart from injuries on his right leg and other parts of the body. It was also pleaded that the passersby had shifted him to Gandhi Hospital where he had taken treatment as in-patient from 1-7-2001 to 4-7-2001 and even after discharge from that hospital he had taken treatment in private hospitals by spending huge amount and in spite of the treatment taken, the injuries have not healed and still he is unable to attend to his routine work and he lost his earning capacity. It was also pleaded that since the present appellant/2nd respondent in the O.P. is the insurer of the 1st respondent tipper, both the respondents in the O.P. are jointly and severally liable to pay the aforesaid compensation.