Hdfc Ergo General Insurance Co. ... vs Dakuri Manikyam And 4 Others
2021 Latest Caselaw 1243 Tel

        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

(2004) 3 SCC 297