United India Insurance Co Ltd vs Methari Shiva Kumar 2 Ors
2022 Latest Caselaw 3111 Tel

              THE HON'BLE JUSTICE G. SRI DEVI

                 M.A.C.M.A. No.2253 of 2015

JUDGMENT:

This appeal is preferred by the United India Insurance

Company Limited, questioning the order and decree, dated

12.06.2015 passed in M.V.O.P.No.494 of 2013 on the file of the

Accident Claims Tribunal-cumPrincipal District Judge, Medak at

Sangareddy (for short, the Tribunal).

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

been referred to as arrayed before the Tribunal.

3. 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 one M.Sandhip

(hereinafter referred to as "the deceased"), who died in a

motor vehicle accident. It is stated that on 08.10.2013 while

the deceased was returning to LIG from BHEL township on

Scooty bearing No.AP 23 E 5607 and when he reached near Maya

Bazar, Ramachandrapuram, one Ambulance Van bearing No.AP

28X 6379 driven by its driver in a rash and negligent manner at

high speed and dashed the deceased, due to which the deceased

GSD, J Macma_2253_2015

sustained grievous injuries and he succumbed to injuries while

undergoing treatment in Gandhi Hospital, Secunderabad.

Considering the claim and the counter filed by the 2nd

respondents and on evaluation of the evidence, both oral and

documentary, the learned Tribunal has partly allowed the O.P.

in part and awarded compensation of Rs.3,00,000/- with 7.5%

interest per annum. Challenging the same, the present appeal

has been filed by the Insurance Company.

4. Heard both sides and perused the 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 by either of the respondents.

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

perusal of the material available on record would show that

according to the claimants, the deceased was aged about 14

years at the time of the accident. By taking into consideration

of all the aspects, the Tribunal has rightly awarded

Rs.3,00,000/- together with interest. Therefore, the findings of

GSD, J Macma_2253_2015

the learned Tribunal in awarding the compensation of

Rs.3,00,000/- needs no interference by this Court.

7. The M.A.C.M.A. fails and the same is accordingly

dismissed. No order as to costs.

Miscellaneous petitions, if any pending, shall stand closed.

__________________ JUSTICE G. SRI DEVI 28.06.2022 gkv