Relaiance General Insurance Co. Ltd., vs Ramavath Kabeer Dass Died And 5 Others
2023 Latest Caselaw 4307 Tel

Telangana High Court

Relaiance General Insurance Co. Ltd., vs Ramavath Kabeer Dass Died And 5 Others on 12 December, 2023

Author: Juvvadi Sridevi

Bench: Juvvadi Sridevi

     THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI

                   M.A.C.M.A. No.731 of 2015

JUDGMENT :

This appeal is filed by the Insurance Company aggrieved

of the order and decree dated 27.06.2014 in M.V.O.P.No.299

of 2012 on the file of Motor Accident Claims Tribunal-cum-IX

Additional District Judge, Wanaparthy.

2. On 28.11.2010, due to the rash and negligent driving of

Innova Car bearing No.AP-09-BK-8466 by its driver, it dashed

against the scooter of the deceased due to which, the

petitioner Ramavath Kabeer Das sustained severe injuries.

3. The Tribunal, on examining the oral and documentary

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

compensation of Rs.16,75,535/- along with costs and interest

@ 7.5% per annum from the date of petition till the date of

realization. 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,

JS, J

weight of evidence and probabilities of the case. It is

contended that claimant/respondent No.1 herein was

negligent in driving the scooter and he himself had caused the

accident and therefore the injured ought to have atleast held

that the accident took place due to the contributory

negligence of respondent No.1 herein who was the rider of the

scooter, as such, the Insurance Company is not liable to pay

compensation. Accordingly, prayed for setting aside the

impugned order in the O.P.

6. The learned counsel for the appellant/Insurance

Company has relied on the judgment of the High Court of

Andhra Pradesh in Agnuru Jaya Ramulu Vs. Mohammed

Afzal Miyan and another 1, with regard to contributory

negligence and on the judgment of High Court of Calcutta in

Sudhir Bhuiya Vs. National Insurance Co. Ltd., and

another 2 to the effect that the contents of the public

document must be proved by its author. These two

judgments are not applicable to the case of the appellant as

the Tribunal has dealt with the issue of contributory

negligence and recorded its findings against the appellant

2006 ACJ 855

2005 ACJ 509

JS, J

herein. Further, the claimant has filed the medical bills with

regard to the treatment undergone by him, which cannot be

doubted as the factum of the accident is not denied by the

appellant.

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

decree of the Tribunal, I am of the considered view that the

Tribunal has awarded reasonable compensation after taking

into consideration the entire evidence on record and there are

no valid grounds to interfere with the findings of the Tribunal.

Since there is no illegality or infirmity in the impugned order

and decree warranting interference by this Court, the appeal

is liable to be dismissed.

8. Accordingly, the appeal is dismissed. No costs.

Pending miscellaneous applications, if any, shall stand

closed.

______________________ JUSTICE JUVVADI SRIDEVI Date:12.12.2023 ksk