The Orietnal Insurance Company ... vs Smt.Kutumbaka Anitha 4 Ors
2022 Latest Caselaw 1360 Tel

              THE HON'BLE JUSTICE G. SRI DEVI

                 M.A.C.M.A.No.3622 of 2011

JUDGMENT:

This appeal is preferred by the appellant-Insurance

Company, questioning the order and decree, dated 07.09.2010

passed in M.V.O.P.No.217 of 2009 on the file of the Motor

Accident Claims Tribunal (I Additional District Judge) at

Khammam (for short, the Tribunal).

2. For the sake of convenience, the parties 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.20,00,000/- for

the death of the deceased Kutumbaka Srinivasa Rao, who died

in a motor vehicle accident that occurred on 01.12.2007. It is

stated that on that day the deceased was returning from

Thorrur Village towards Khammam in his Car bearing No.AP 15

9990 and when he reached Pindiprolu Village, a lorry bearing

No.AP 24 W 5069 came in opposite direction in a rash and

negligent manner at high speed and dashed the Car of the

deceased, as a result of which, the deceased died on the spot.

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Basing on a complaint, a case in Crime No.119 of 2007 has been

registered against the driver of the Lorry. It is also stated that

the deceased was aged 40 years and was an agriculturist

cultivating the land of Ac.25.00 and also carrying business in

granite and real estate and earning Rs.3,50,000/- per annum

and he has contributing his entire income to the welfare of the

family. Since the accident occurred due to the rash and

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

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

owner and insurer of the aforesaid Lorry, respectively.

4. Before the Tribunal, the 1st respondent remained ex

parte.

5. The 2nd respondent filed counter denying the manner in

which the accident took place, age, income and avocation of

the deceased. It is also stated that the compensation claimed is

excessive.

6. Basing on the above pleadings, the following issues are

framed before the Tribunal:-

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1) Whether the accident occurred due to rash and negligent driving by the driver of Lorry bearing No.AP 24 W 5069 on 01.12.2007?

2) Whether the petitioners are entitled to compensation amount claimed by them?

3) To what relief?

7. During trial, on behalf of the claimants, P.Ws.1 and 2

were examined and Exs.A1 to A7 were marked. On behalf of the

respondents, R.W.1 was examined and Exs.B1 and B2 were

marked.

8. After considering the oral and documentary evidence on

record, the Tribunal came to the conclusion that the accident

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

Lorry and awarded total compensation of Rs.20,00,000/-

together with interest @ 7.5% per annum. Aggrieved by the said

order, the appellant-Insurance Company filed the present

appeal.

9. Heard and perused the record.

10. A perusal of the order reveals that the Tribunal passed a

well considered order by taking into consideration all the

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aspects. 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 against the respondents. With

regard to quantum of compensation, after considering the age,

avocation of the deceased and also the income tax returns of

the deceased, which were filed by the claimants, the Tribunal

has awarded Rs.20,00,000/- as claimed by the claimants.

Therefore, I see no reason to interfere with the order of the

Tribunal and the appeal is liable to be dismissed.

11. 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.

12. Miscellaneous petitions, if any, pending shall stand closed.

__________________ JUSTICE G. SRI DEVI 22.03.2022 gkv

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