THE HONOURABLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.1378 of 2007
JUDGMENT :
This appeal is filed by the Insurance Company aggrieved of the order and decree dated 19.02.2007 in M.V.O.P.No.823 of 2005 on the file of Motor Accident Claims Tribunal-cum-Principal District Judge, Warangal.
2. On 05.10.2004, due to the rash and negligent driving of DCM Van bearing No.AP-10-U-2790 by its driver, it dashed against the motorcycle of the deceased, due to which, both the rider and the pillion rider of the motorcycle fell down and sustained severe injuries and the deceased-Dhanraj Prasad died while undergoing treatment.
3. The Tribunal, on examining the oral and documentary evidence on record, allowed the O.P., awarding a total compensation of Rs.4,70,000/- along with costs and interest @ 7.5% per annum from the date of petition till the date of realization, to be deposited within 30 days from the date of said order. Aggrieved thereby, the appellant- Insurance Company has filed this appeal.
4. Heard both sides and perused the record.
5. The learned Standing Counsel for the appellant contended that the decree of the Tribunal is contrary to law, weight of evidence and probabilities of the case; that the Tribunal has erred in fastening the liability on the appellant-Insurance Company; that the amount 2 GSD, J MACMA.No.1378 of 2007 awarded is exorbitant, as the wrong multiplier was applied by the Tribunal. Accordingly, prayed for setting aside the impugned order in the O.P.
6. On a perusal of the material on record, the order and decree of the Tribunal, I am of the considered view that there are no valid grounds to interfere with the findings of the Tribunal. I do not find any illegality or infirmity in the impugned order and decree, warranting interference by this Court.
7. The appeal is devoid of merit and it is accordingly dismissed.
Pending miscellaneous applications, if any, shall stand closed.
____________________ JUSTICE G.SRI DEVI Date: 16.12.2021 ajr