The New India Assurance Co. Ltd vs Dadi Lachavva Lachamma
2021 Latest Caselaw 4329 Tel

          THE HONOURABLE JUSTICE G. SRI DEVI

                   M.A.C.M.A. No.3055 of 2005

JUDGMENT :

This appeal is filed by the Insurance Company aggrieved of the

order and decree dated 28.03.2005 in O.P.No.784 of 2004 on the file

of Motor Accident Claims Tribunal-cum-I Additional District Judge,

Karimnagar.

2. On 04.09.2004, due to the rash and negligent driving of Auto

trolley bearing No.AP-15-W-1602 by its driver, the Auto Trolley

dashed against the road divider and turned turtle, due to which, the

deceased Balaiah fell down from it, sustained severe injuries and

succumbed to the same while undergoing treatment.

3. The Tribunal, on examining the oral evidence of PWs.1 and 2

and DW-1 and documentary evidence in Exs.A-1 to A-3 and B-1 and

B-2, allowed the O.P., awarding a total compensation of Rs.1,64,000/-

along with costs and interest @ 9% per annum from the date of

petition till the date of realization, to be deposited within one month

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

GSD, J MACMA.No.3055 of 2005

liability on the appellant-Insurance Company as the deceased was

only a gratuitous and unauthorized passenger; that the Tribunal failed

to see that the deceased was not the owner of the goods and not even

the authorized representative of the owner of goods and hence not

entitled to claim any compensation; that there is no Statutory and

contractual liability on the part of appellant-Insurance Company; that

the amount awarded is exorbitant as the higher multiplier was applied.

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: 14.12.2021

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