Telangana High Court
Sbi General Insurance Co. Ltd., vs Macha Venkatesham Venkatesh on 22 April, 2021
Bench: T.Amarnath Goud
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.
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,
(2004) 3 SCC 297
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
THE HON'BLE SRI JUSTICE T.AMARNATH GOUD
MACMA No.3510 OF 2019
Date : 22.04.2021
Lrkm
