THE HONOURABLE JUSTICE G. SRI DEVI
M.A.C.M.A.NO.2701 OF 2009
JUDGMENT:
This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act'), by the Insurance Company/R-2 in O.P.No.304 of 2001 on the file of the M.A.C.T.-cum-VI Additional District Judge, Mahabubnagar (hereinafter referred to as "the Tribunal"), aggrieved by the order dated 31.07.2008, whereby the Tribunal granted compensation of Rs.1,00,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of realisation, in favour of the petitioners/claimants, for the death of the deceased, Mohd. Jahangeer, who died in a motor accident, which occurred on 06.05.2001 due to rash and negligent act of the driver of the offending vehicle, i.e., Lorry bearing No.AP-27/T-7018.
Heard the counsel for both sides.
The grievance of the Insurance Company is that though the Tribunal observed in paragraph No.17 of the order dated 31.07.2008 that the second respondent-Insurance Company is entitled to recover the compensation amount paid by them to the petitioners from the first respondent but in the operative portion of the order, the same is not mentioned and hence, it is prayed to mention the same in the operative portion of the order as well as the decree.
In view of the submissions made, the MACMA is disposed of and clause (4) shall be added to the decree with regard to pay and recovery, i.e. the Insurance Company is entitled to recover the 2 compensation paid by them to the petitioners from the first respondent.
There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed.
___________________ (G. SRI DEVI, J) 22nd October 2021 RRB