National Insurance Company Ltd vs M.Nagabhushanam
2022 Latest Caselaw 1664 Tel

     HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                   M.A.C.M.A. No.296 of 2012

JUDGMENT :

1. This appeal is filed by the Insurance Company aggrieved of

the order and decree dated 18.07.2007 in O.P.No.2157 of 2005 on

the file of X Additional Chief Judge (FTC), City Civil Court,

Hyderabad.

2. On 02.05.2005 at about 07.10 a.m., due to the rash and

negligent driving of Bus bearing No.AP-10-U-828 by its driver, it

dashed against the Auto bearing No.AP-28-V-7113, causing

grievous injuries to the petitioner/1st respondent herein. Hence, the

O.P. was filed seeking compensation of Rs.2,00,000/-.

3. The Tribunal, on examining the oral and documentary

evidence on record, partly allowed the O.P., awarding a total

compensation of Rs.63,000/- along with costs and interest @ 6%

per annum from the date of petition till the date of realization, to be

payable jointly and severally by respondent Nos.1 and 2 before the

Tribunal i.e. the owner of the Bus and the Insurance Company

respectively. The 3rd respondent before the Tribunal i.e. the

GAC, J MACMA.No.296 of 2012

A.P.State Road Transport Corporation is exonerated of the liability.

Aggrieved thereby, the appellant-Insurance Company has filed this

appeal.

4. Heard both sides and perused the record.

5. The learned Standing Counsel for the appellant contended

that the decree of the Tribunal is contrary to law, weight of

evidence and probabilities of the case; that the Tribunal has erred

in fastening the liability on the appellant-Insurance Company; that

the amount awarded is exorbitant. Accordingly, prayed for setting

aside the impugned order in the O.P.

6. On a perusal of the material on record, the order and decree

of the Tribunal, I am of the considered view that there are no valid

grounds to interfere with the findings of the Tribunal. I do not find

any illegality or infirmity in the impugned order and decree,

warranting interference by this Court. Further, in the judgment of

Hon'ble Supreme Court in U.P.State Road Transport

Corporation v. Rajendri Devi and others [Civil Appeal No.2526

of 2020, dt.08.06.2020], it is held that the owner of the Bus or the

GAC, J MACMA.No.296 of 2012

Insurance Company are liable to pay compensation for any fault,

negligence, accident or other illegal acts of the driver of the Bus.

In view of the same, the sum awarded by the Court below is

payable by the appellant-Insurance Company along with interest as

ordered in the impugned order.

7. The appeal is devoid of merit and it is accordingly

dismissed. No order as to costs.

8. Pending miscellaneous applications, if any, shall stand

closed.

_________________________________ G. ANUPAMA CHAKRAVARTHY, J

Date: 31.03.2022

ajr