Mukund Narsavva 2 Others vs Pratap Reddy Another
2022 Latest Caselaw 3978 Tel

              THE HON'BLE JUSTICE G. SRI DEVI

                 M.A.C.M.A. No.2782 of 2006

JUDGMENT:

This appeal is filed by the appellant-claimants aggrieved

by the judgment and decree, dated 12.07.2006 passed in

O.P.No.513 of 2001 on the file of the I Additional Motor

Accidents Claims Tribunal, Nizamabad (for short, the Tribunal).

2. For the sake of convenience, the parties have been

referred to as arrayed before the Tribunal.

3. Brief facts of the case are that the claimants filed a

petition under Section 166 of the Motor Vehicles Act claiming

compensation of Rs.5,00,000/- against the respondents for the

death of the deceased, who died in a motor vehicle accident. It

is stated that on 14.06.2000 while the deceased was driving the

Scooter bearing No.AP 25 E 7864 very slowly from Bejjora

towards Nyavanandi side, at that time the offending vehicle,

Tractor bearing No.AP 25 T 1969, being driven by its driver in a

rash and negligent manner at high speed and dashed the

deceased, due to which the deceased fell down and the front

GSD, J Macma_2782_2006

wheel of the tractor ran over the deceased and he died on the

way to the hospital. Considering the claim and the counters

filed by the respondents, and on evaluation of the evidence,

both oral and documentary, the learned Tribunal has allowed

the O.P. in part and awarded compensation of Rs.3,02,500/-

with interest at 9% per annum. Aggrieved by the same, the

claimants filed the present appeal.

4. Heard both sides and perused the record.

5. A perusal of the impugned judgment would show that the

Tribunal has passed a well reasoned order by taking into

consideration all the aspects and as against the claim of

Rs.5,00,000/-, the Tribunal awarded an amount of Rs.3,02,500/-

with interest @ 9% per annum and directed the respondent

No.2, who is the real owner of the offending vehicle, to deposit

the said amount within 30 days from the date of the judgment.

Hence, there are no grounds to interfere with the findings

arrived at by the Tribunal and the appeal is liable to be

dismissed.

GSD, J Macma_2782_2006

6. Accordingly, the Motor Accident Civil Miscellaneous

Appeal is dismissed confirming the judgment and decree passed

by the Tribunal in all respects.

Miscellaneous petitions pending, if any, shall stand

dismissed.

__________________ JUSTICE G. SRI DEVI 29.07.2022 gkv