National Insurance Co Ltd vs Mohd Gousiya Begum 4 Ors
2021 Latest Caselaw 2938 Tel

              THE HONOURABLE JUSTICE G. SRI DEVI

                   M.A.C.M.A.NO.2701 OF 2009

JUDGMENT:

This appeal is filed under Section 173 of the Motor Vehicles

Act, 1988 (for short, 'the Act'), by the Insurance Company/R-2 in

O.P.No.304 of 2001 on the file of the M.A.C.T.-cum-VI Additional

District Judge, Mahabubnagar (hereinafter referred to as "the

Tribunal"), aggrieved by the order dated 31.07.2008, whereby the

Tribunal granted compensation of Rs.1,00,000/- with interest at

the rate of 7.5% per annum from the date of petition till the date of

realisation, in favour of the petitioners/claimants, for the death of

the deceased, Mohd. Jahangeer, who died in a motor accident,

which occurred on 06.05.2001 due to rash and negligent act of the

driver of the offending vehicle, i.e., Lorry bearing No.AP-27/T-7018.

Heard the counsel for both sides.

The grievance of the Insurance Company is that though the

Tribunal observed in paragraph No.17 of the order dated

31.07.2008 that the second respondent-Insurance Company is

entitled to recover the compensation amount paid by them to the

petitioners from the first respondent but in the operative portion of

the order, the same is not mentioned and hence, it is prayed to

mention the same in the operative portion of the order as well as

the decree.

In view of the submissions made, the MACMA is disposed of

and clause (4) shall be added to the decree with regard to pay and

recovery, i.e. the Insurance Company is entitled to recover the

compensation paid by them to the petitioners from the first

respondent.

There shall be no order as to costs. Miscellaneous

applications, if any, pending shall stand closed.

___________________ (G. SRI DEVI, J)

22nd October 2021 RRB