THE HON'BLE SRI JUSTICE T.AMARNATH GOUD
MACMA No.161 OF 2020
JUDGMENT
1 This Civil Miscellaneous Appeal, under Section 173 of the M.V.Act, 1988, is filed aggrieved by the order and decree dated 01.11.2019 passed in M.V.O.P.No.1061 of 2014 on the file of the III Additional District Judge, Ranga Reddy District at L.B. Nagar, whereunder, the respondent Nos.1 to 3 herein who are claimants in the above O.P. were awarded compensation of Rs.7.00 lakhs with proportionate costs and interest @ 9% p.a. from the date of petition till the date of deposit for the death of one Dakuri Yesobu. 2 First claimant is wife and claimant Nos.2 and 3 are sons of the said Dakuri Yesobu, hereinafter be referred to as 'the deceased'.
3 The case of the claimants is that the deceased died in a road accident that occurred on 13.06.2010 while he was travelling in an auto bearing No.AP 16 TW 9253 when it turned turtle at Jammigudem village, due to rash and negligent driving of the driver of the said auto. In connection with the accident, a case in Cr.No.86 of 2010 was registered. The deceased was earning Rs.7,500/- p.m. Hence the claimants filed a claim petition seeking compensation of Rs.6.00 lakhs from the appellant - insurance company and the owner of the crime vehicle.
4 Before the Tribunal, owner of the auto, remained ex parte. The appellant-Insurance Company filed its counter denying the allegations and contended that the amount claimed by the claimant is highly excessive and that it is not liable to pay any compensation and prayed to dismiss the claim petition. 5 After considering the oral and documentary evidence on record, the Tribunal came to the conclusion that the accident occurred due to the rash and negligent driving of the driver of the auto and awarded total compensation of Rs.7.00 lakhs under various heads, with interest at the rate of 9% per annum. Aggrieved by the said order, the appellant/Insurance Company filed the present appeal.
6 Heard. 7 A perusal of the order reveals that the Tribunal has passed
the order by taking into consideration the judgments of the Hon'ble Supreme Court in various cases awarded Rs.7.00 lakhs to the claimants under various heads. Therefore, there are no grounds to interfere with the order passed by the Tribunal. However, in the light of the judgment of the Apex Court in National Insurance Co. Ltd. Vs. Swaran Singh1, the appellant-insurance company shall pay the compensation to the claimants at the first instance and recover the same from the owner of the vehicle thereafter. 8 Accordingly, the Motor Accident Civil Miscellaneous Appeal is partly allowed to the extent indicated above. Miscellaneous petitions pending, if any, shall stand dismissed. No order as to costs.
__________________________ T. AMARNATH GOUD, J.
Date: 19.04.2021 Kvsn 1 (2004) 3 SCC 297