THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
M.A.C.M.A.No.1650 of 2019
JUDGMENT:
Assailing the order and decree, dated 09.02.2016 made in M.V.O.P.No.236 of 2006 on the file of the Accident Claims Tribunal-cum-Principal District Judge, Medak at Sangareddy (for short "the Tribunal"), the United India Insurance Company Limited, preferred this appeal.
2. For the sake of convenience, the parties will be hereinafter referred to as arrayed before the Tribunal.
3. Brief facts of the case are that the claimants filed a petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.4,00,000/- for the death of one Mohd. Sardar (hereinafter referred to as "the deceased") who died in a motor vehicle accident that took place on 18.12.2005. According to the claimants, on 18.12.2005 at about 10:30 a.m., while the deceased was proceeding as pillion rider on a motorcycle and when he reached the limits of Kamkole Village, one Tata Sumo bearing No.AP 15 H 3638, owned by respondent Nos.1 and 2 MGP, J Macma_1650_2019 2 and insured with respondent No.3, being driven by its driver, in a rash and negligent manner at high speed, dashed the motorcycle in opposite direction, as a result of which, the deceased fell down, sustained injuries and died on the spot. It is further stated that prior to the accident, the deceased was hale and healthy and aged about 45 years, earning Rs.8,000/- per month as a tailor. Therefore, the claimants filed the aforesaid O.P. against the respondents.
4. After considering the claim and the counter filed by the appellant, respondent No.3, and on evaluation of the evidence, both oral and documentary, the learned Tribunal has partly allowed the O.P. and awarded compensation of Rs.3,36,000/- with interest at 7.5% per annum. Challenging the same, the present appeal has been filed by the appellant, insurance company.
5. Heard both sides and perused the record.
6. The only contention of the learned counsel appearing for the appellant is that the Tribunal failed to comply with the condition of the remand order in M.A.C.M.A.Nos.2431 3 MGP, J Macma_1650_2019 and 2432 of 2008. It is further contended that the Tribunal ought to have dismissed the claim-petition as there was discrepancy in the identity of the vehicle.
7. Learned counsel appearing for the claimants has submitted that on remand of the matter by this Court, the tribunal has reappraised the matter by examining the informant/complainant as C.W.1 and duly considering the said evidence passed the orders afresh. Therefore, prayed to dismiss the appeal.
8. As seen from the material on record, it is admitted that vide judgment, dated 06.11.2014 in M.A.C.M.A.No.2431 of 2008, this Court remanded the matter to the Tribunal for disposal afresh. The record reveals that in order to comply with the conditions made by this Court, the Tribunal has summoned one Mohd. Sabar, on whose complaint the first information report, Ex.A1 was registered and examined him as C.W.1. Considering the evidence of C.W.1 and R.Ws.1 and 3, who are the owner and driver of the offending vehicle, coupled with Exs.A1 and A2, the Tribunal has categorically observed that the 4 MGP, J Macma_1650_2019 accident has occurred due to the rash and negligent driving of the driver of the Tata Sumo and not any mud colour lorry type vehicle. Therefore, I see no reason to interfere with the finding of the Tribunal that the accident occurred due to the rash and negligent driving of the driver of Tata Sumo bearing No.AP 15 H 3638. Taking into consideration all the aspects the Tribunal passed a well reasoned order and as against the claim of Rs.4,00,000/-, the Tribunal awarded an amount of Rs.3,36,000/- with interest @ 7.5% per annum and directed the respondent Nos.1 to 3 to deposit the said amount. Hence, there are no grounds to interfere with the findings arrived at by the Tribunal and the appeal is liable to be dismissed.
9. Accordingly, the M.A.C.M.A. is dismissed. There shall be no order as to costs.
Miscellaneous petitions, if any, pending shall stand closed.
_______________________ SMT. M.G.PRIYADARSINI, J 26.12.2022 tsr 5 MGP, J Macma_1650_2019 THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI M.A.C.M.A.No.1650 of 2019 DATE: 26-12-2022 TSR