United India Insurance Co. Ltd ... vs A. Chandrani Munni Kalyani 3 ...
2021 Latest Caselaw 4395 Tel

            THE HONOURABLE JUSTICE G. SRI DEVI

                    M.A.C.M.A. No.1378 of 2007

JUDGMENT :

This appeal is filed by the Insurance Company aggrieved of the

order and decree dated 19.02.2007 in M.V.O.P.No.823 of 2005 on the

file of Motor Accident Claims Tribunal-cum-Principal District Judge,

Warangal.

2. On 05.10.2004, due to the rash and negligent driving of DCM

Van bearing No.AP-10-U-2790 by its driver, it dashed against the

motorcycle of the deceased, due to which, both the rider and the

pillion rider of the motorcycle fell down and sustained severe injuries

and the deceased-Dhanraj Prasad died while undergoing treatment.

3. The Tribunal, on examining the oral and documentary evidence

on record, allowed the O.P., awarding a total compensation of

Rs.4,70,000/- along with costs and interest @ 7.5% per annum from

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

30 days 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

liability on the appellant-Insurance Company; that the amount

GSD, J MACMA.No.1378 of 2007

awarded is exorbitant, as the wrong multiplier was applied by the

Tribunal. 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: 16.12.2021

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