United India Insurance Company ... vs Sisoda Ashok Kumar
2022 Latest Caselaw 2400 Tel

               THE HON'BLE JUSTICE G. SRI DEVI

                  M.A.C.M.A. No.1136 of 2014

JUDGMENT:

This appeal is preferred by the appellant-Insurance

Company, questioning the order and decree, dated 03.07.2006

passed in O.P.No.627 of 2001 on the file of the Motor Accident

Claims Tribunal (Fast Track Court), Nizamabad at Kamareddy

(for short, the Tribunal).

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

referred to as arrayed before the Tribunal.

3. The claimant filed a petition under Section 166 of the

Motor Vehicles Act claiming compensation of Rs.1,00,000/- for

the damages caused to his Car bearing No.AP 25 C 1858. It is

stated that on 15.06.1998 while the claimant was proceeding in

his Car bearing No.AP 25 C 1858 and when the Car reached near

Jeedimetla Cross Road a DCM Van bearing No.AP 9 U 6815, came

in opposite direction in a rash and negligent manner at high

speed and dashed the Car of the claimant, due to which, the

Car is badly damaged. Considering the claim and the counter

filed by the Insurance Company, appellant herein, and on

GSD, J Macma_1136_2014

evaluation of the evidence, both oral and documentary, the

learned Tribunal has allowed the O.P. and awarded total

compensation of Rs.63,240/- with 9% interest per annum,

holding the owner of the offending vehicle and the insurance

company jointly and severally liable to pay the compensation.

4. Heard both sides and perused the material available on

record.

5. The finding of the Tribunal with regard to the manner in

which the accident took place has become final as the same is

not challenged either by the owner or insurer of the vehicle.

6. Insofar as the quantum of compensation is concerned, the

Tribunal passed a well reasoned order by taking into

consideration the bills produced by the claimant and also the

nature of the damages caused to the Car of the claimant, the

Tribunal awarded an amount of Rs.63,240/-. Therefore, I see

no reason to interfere with the order of the Tribunal and the

appeal is liable to be dismissed.

GSD, J Macma_1136_2014

7. Accordingly, the M.A.C.M.A. is dismissed confirming the

order and decree passed by the Tribunal. There shall be no

order as to costs.

Miscellaneous petitions, if any, pending shall stand closed.

__________________ JUSTICE G. SRI DEVI 07.06.2022 gkv