United India Insurance Company ... vs Thipparam Srinivas And 2 Others
2022 Latest Caselaw 3601 Tel

            THE HONOURABLE JUSTICE G. SRI DEVI

                    M.A.C.M.A. No.2062 of 2007

JUDGMENT :

This appeal is filed by the Insurance Company aggrieved of

the order and decree dated 30.06.2007 in O.P.No.2484 of 2004 on the

file of II Additional Metropolitan Sessions Judge cum XVI

Additional Chief Judge, Hyderabad.

2. Respondent Nos.1 and 2 herein are the claimants before the

Tribunal. They filed the O.P. claiming compensation of

Rs.2,50,000/- for the death of the deceased-Tipparam Laxmi in the

motor accident that occurred on 27.02.2004.

3. According to the petitioners, on 27-02-2004 the deceased

Laxmi along with her daughter and others proceeding in a Jeep

bearing No. AP 15 T 478 from Sidhipet to Shanigaram side and when

the said Jeep reached near Ramunipatla Village bus stage at about 1-

30 p.m., the driver of the jeep over took one vehicle and in the

meantime, one lorry bearing No. MH 31 AP 6873 came in the

opposite direction and the driver of jeep drove it in rash and negligent

manner at high speed and lost control over his vehicle and dashed the

GSD, J MACMA.No.2062 of 2007

said lorry, due to which the deceased and others received serious

injuries and were shifted to Sidhipeta Government Hospital and

during the treatment, the deceased and other five members were died

in the hospital.

4. Heard the learned Standing Counsel for the appellant and the

learned counsel for the claimants-respondent Nos. 1 and 2 herein.

Perused the material available on record.

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

and RW-1 and documentary evidence in Exs.A-1 to A-4 and B-1 and

B-2, allowed the O.P., awarding a total compensation of

Rs.2,50,000/- along with proportionate costs and interest @ 7.5% per

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

one month from the date of said order. Aggrieved thereby, the

appellant-Insurance Company has filed this appeal.

6. 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.2062 of 2007

awarded is exorbitant. Accordingly, prayed for setting aside the

impugned order in the O.P.

7. The learned counsel for the respondent Nos.1 and 2 contended

that the learned Tribunal has awarded just and reasonable

compensation and the same needs no interference by this Court.

8. On a perusal of the material on record, the trial Court had

rightly taken the income of the deceased, who is a housewife at

Rs.3,000/- per month, deducted 1/3rd towards her personal expenses

and awarded an amount of Rs.2,50,000/- towards loss of income.

Thus, 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.

9. The appeal is devoid of merit and it is accordingly dismissed.

Pending miscellaneous applications, if any, shall stand closed.

____________________ JUSTICE G.SRI DEVI 11.07.2022

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