The Cholamandalam Ms General ... vs Danda Rajitha Sree
2021 Latest Caselaw 4633 Tel

           HONOURABLE SRI JUSTICE P.NAVEEN RAO
                            &
           HONOURABLE SMT JUSTICE P.SREE SUDHA

                 M.A.C.M.A.NO.2415 OF 2016

                       Date: 28.12.2021

Between:

The Cholamandalam MS General Insurance
Company Limited,
Rep.by its Branch Manager, Secunderabad.

                                                     ..... Appellant/
                                                   Respondent no.2

and

Danda Rajitha Sree, w/o. late Danda Suresh, Aged 39 years, occu: Household, r/o.H.No.4-2-72, Sri Nagar Colony, 2nd Lane, Rotary Nagar, Khanapuram Haveli, Khammam Urban, Khammam district and others.

.....Respondents/claim-

Petitioners/respondent no.1

he Court made the following:

PNR,J & PSS,J MACMA No.2415 of 2016

HONOURABLE SRI JUSTICE P.NAVEEN RAO & HONOURABLE SMT JUSTICE P.SREE SUDHA

M.A.C.M.A.NO.2415 OF 2016

JUDGMENT: (per Hon'ble Sri Justice P.Naveen Rao)

Heard Mr. Kota Subba Rao, learned counsel for the

appellant, Mr. Srinivasa Rao Madiraju learned counsel for

respondents 1 to 5 and Mr. Karri Murali Krishna, learned counsel

for respondent no.6.

2. M.V.O.P.No.174 of 2013 is filed in the Court of the Motor

Accidents Claims Tribunal-cum-VII Additional District Judge at

Khammam, praying to award compensation of 35,00,000/- with

interest @ 24% per annum with regard to death of the deceased-

Danda Suresh in the accident.

3. Briefly noted, in the intervening night of 12/13.07.2011 at

about 0030 hours, while the deceased-Danda Suresh was

travelling in a four wheeler Car and when he reached opposite to

'D' Mart, at Kukatpally after crossing 'Y' junction, Container

bearing No.AP-10W-0383, which was negligently parked on the

road without taking any precautions by putting red lights or

parking lights or indicators, due to which, the deceased dashed the

Container on its backside. The said incident resulted in the

deceased receiving severe head and chest injuries and bleeding

injuries all over the body and the deceased succumbed to the

injuries. The claimants are the wife, son, daughter, father and

mother of the deceased.

PNR,J & PSS,J MACMA No.2415 of 2016

4. After trial, the Tribunal having found that the claimants are

entitled to compensation of 72,89,760/- under the various

heads, however compensation awarded is restricted to

35,00,000/- on the ground that claimants claimed the said

amount only.

5. Challenging the said award, the Insurance Company filed

this appeal.

6. Having gone through the award passed by the Tribunal and

having regard to the assessment made by the Tribunal on the

entitlement of compensation, we do not see awarding of

compensation of 35,00,000/- is excessive for this Court to

intervene and set aside the award, or to reduce the quantum of

compensation. We therefore see no merit in this appeal and the

Appeal is dismissed. Pending miscellaneous petitions if any shall

stand closed.

__________________________ JUSTICE P.NAVEEN RAO

___________________________ JUSTICE P.SREE SUDHA Date: 28.12.2021 Kkm PNR,J & PSS,J MACMA No.2415 of 2016

HONOURABLE SRI JUSTICE P.NAVEEN RAO & HONOURABLE SMT JUSTICE P.SREE SUDHA

M.A.C.M.A.NO.2415 OF 2016

Date: 28.12.2021 kkm