The Reliance Insurance Co Ltd., vs R Ponni 3 Others
2022 Latest Caselaw 3022 Tel

              HONOURABLE JUSTICE G. SRI DEVI

                  M.A.C.M.A.No.1651 of 2015

JUDGMENT:

This appeal is filed under Section 173 of Motor Vehicles

Act, aggrieved by the judgment and decree, dated 16.08.2014

passed in M.V.O.P.No.239 of 2013 on the file of the Motor

Accidents Claims Tribunal-cum-Principal District Judge, Medak

at Sangareddy (for short "the Tribunal").

2. For the sake of convenience, the parties will be

hereinafter 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, 1988

claiming compensation of Rs.15,00,000/- for the death of one

R. Nivetha (hereinafter referred to as "the deceased"), who

died in a motor vehicle accident. It is stated that on 04.11.2012

while the deceased, along with her father, were proceeding

towards Rayadurgam on Scooty bearing No.AP 13 Q 6199 and

when they reached near the bus stop of Indira Nagar, a Lorry

bearing No.AP 28 Y 6125 driven by its driver in a rash and

negligent manner at high speed and dashed the Scooty, due to

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which the deceased sustained injuries and died on the spot.

Since the accident occurred only due to the rash and negligent

driving of the driver of the Lorry, the claimants filed the

aforesaid O.P. against the respondents 1 and 2, who are the

owner and insurer of the said Lorry.

4. The Tribunal, considering the claim of the claimants,

counters filed by the respondents and on evaluation of oral and

documentary evidence, allowed the O.P. in part and awarded a

total compensation of Rs.1,50,000/- along with costs and

interest @ 6% per annum from the date of petition till the date

of realization. Challenging the same, the Insurance Company

filed the present appeal.

5. Heard both sides and perused the record.

6. A perusal of the impugned order reveals that insofar as

the manner in which the accident took place, the Tribunal has

framed the Issue No.1 as to whether the accident had occurred

due to rash and negligent driving of the driver of the Lorry, to

which the Tribunal has categorically observed that the accident

has occurred due to the rash and negligent driving of the driver

of the Lorry and has answered in favour of the claimants and

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against the respondents. Insofar as the quantum of

compensation is concerned, the Tribunal passed a well

considered order by taking into consideration all the aspects,

the Tribunal has rightly awarded Rs.1,50,000/-. Therefore,

I see no reason to interfere with the quantum of compensation

awarded by the Tribunal.

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

judgment and decree passed by the Tribunal in M.V.O.P.No.239

of 2013. There shall be no order as to costs.

Miscellaneous petitions, if any, pending shall stand closed.

__________________ JUSTICE G. SRI DEVI 23.06.2022 gkv