THE HON'BLE SRI JUSTICE T.AMARNATH GOUD
MACMA No.3510 OF 2019
JUDGMENT:
1 This Civil Miscellaneous Appeal, under Section 173 of the M.V. Act, 1988, is filed aggrieved by the judgment and decree dated 27.03.2019 passed in M.V.O.P.No.285 of 2014 by the Motor Accidents Claims Tribunal-cum-I-Additional District Judge, Nalgonda, whereunder the respondent No.1 herein, who is claimant in the above O.P., was awarded a total compensation of Rs.10.00 lakhs with costs and interest @ 9% p.a. from the date of petition till the date of deposit for the injuries sustained by him.
2. The case of the claimant is that he sustained injuries in a road accident that occurred on 21.11.2013. On the fateful day, while the claimant was driving his tractor and trailer bearing Nos. AP 24 X 1922 and AP 24 X 1923, a lorry bearing No.AP 29 TB 4488, driven by its driver in a rash and negligent manner dashed the tractor of the claimant from the back due to which the tractor fell down in a ditch. In connection with the accident, a case in Cr.No.270 of 2013 was registered by the police. The claimant became permanently disabled. Hence, the claimant filed a claim petition seeking compensation of Rs.10.00 lakhs from the appellant - insurance company and the owner of the crime vehicle.
3. Before the Tribunal, owner of the tractor remained ex parte. The appellant-Insurance Company filed its counter denying the allegations and contending 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. 2
4. 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 lorry and awarded a total compensation of Rs.10.00 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.
5. Heard.
6. The learned counsel for the insurance company contends that the OP was dismissed for default before the Tribunal on 12.02.2016 and it was restored on 19.01.2017 and for the said period, the claimant is not entitled for payment of interest. He further contends that the Tribunal while awarding the compensation granted interest at 9% per annum, which is excessive and same needs to be reduced to 7.5% per annum.
7. A perusal of the judgment reveals that the Tribunal has passed the judgment by taking into consideration the judgments of the Hon'ble Supreme Court in various cases awarded Rs.10.00 lakhs to the claimant under various heads. There are no grounds to interfere with the other aspects of the judgment passed by the Tribunal, except to the extent of reducing the rate of interest from 9% per annum to 7.5% per annum and holding that the claimant is not entitled for payment of interest from 12.02.2016, the date of dismissal of the OP for default, to 19.01.2017, the date of restoration of the OP. Further, in the light of the judgment of the Apex Court in National Insurance Co. Ltd. Vs. Swaran Singh1, 1 (2004) 3 SCC 297 3 the appellant-insurance company shall pay the compensation to the claimant 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: 22.04.2021 Lrkm 4 THE HON'BLE SRI JUSTICE T.AMARNATH GOUD MACMA No.3510 OF 2019 Date : 22.04.2021 Lrkm