The United India Insurance ... vs D. Pochamma 2 Ors
2022 Latest Caselaw 969 Tel

               THE HON'BLE JUSTICE G. SRI DEVI

                 M.A.C.M.A.No.1254 OF 2008

JUDGMENT:

This appeal is preferred by the appellant-Insurance

Company, questioning the order and decree, dated 23.09.2006

passed in M.V.O.P.No.174 of 2004 on the file of the Chairman,

Accident Claims Tribunal-cum-I Additional Chief Judge, City

Civil Court, Secunderabad (for short, the Tribunal).

For the sake of convenience, the parties have been

referred to as arrayed before the Tribunal.

The claimants filed a petition under Section 166 of the

Motor Vehicles Act claiming compensation of Rs.3,00,000/- for

the death of the deceased D.Susheelamma, who died in a motor

vehicle accident that occurred on 12.06.2004 near

Gajularamaram Cross Road, Shapur Nagar, Kuttubullapur

Mandal, due to rash and negligent driving of the driver of a

Private Bus bearing No.AP 09 U 4959 The claimants filed

aforesaid O.P. against respondent Nos.1 and 2, being the owner

and insurer of the aforesaid Bus, respectively.

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Before the Tribunal, the 1st respondent remained

ex parte.

The 2nd respondent filed counter denying the averments

made in the claim-petition including the age, income and

avocationo f the deceased. It is also stated that the accident

occurred due to the negligence of the deceased and that there

was no negligence on the part of the driver of the Private Bus

and also stated that the amount claimed is excessive and prayed

to dismiss the claim petition.

Basing on the above pleadings, the following issues are

framed before the Tribunal:-

1) Whether the accident occurred owing to rash and negligent driving of the bus bearing No.AP 09 U 4959?

2) Whether the petitioners are entitled to any compensation, and if so, to what amount and against whom?

3) To what relief?

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

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respondents, no oral evidence was adduced but Ex.B1-copy of

policy was marked.

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

Private Bus and awarded total compensation of Rs.2,25,000/-

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

order, the appellant-Insurance Company filed the present

appeal.

Heard and perused the record.

A perusal of the order reveals that the Tribunal passed a

well considered order by taking into consideration all the

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 Private Bus bearing No.AP 09 U 4959, to which

the Tribunal has categorically observed that the accident has

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

the Bus and has answered in favour of the claimants and against

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the respondents. With regard to Issue No.2 as to whether the

claimants are entitled for compensation, if so, to what amount

and from whom, in the light of the decided case laws of the

Apex Court, under the heads of conventional charges and future

prospects, the claimants are entitled for more compensation.

Since this is an appeal filed by the Insurance Company and in

the absence of cross appeal or cross-objections filed by the

claimants, this Court is not inclined to go into the other issues

and this Court finds that the compensation awarded by the

Tribunal is just and reasonable. Therefore, I see no reason to

interfere with the order of the Tribunal and the appeal is liable

to be dismissed.

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 03.03.2022 gkv

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