Iffco Tokio General Insurance Co. ... vs Madugula Rayaposu
2023 Latest Caselaw 4062 Tel

          THE HON'BLE SRI JUSTICE P. SAM KOSHY
                                 AND
          THE HON'BLE SRI JUSTICE N.TUKARAMJI
                   M.A.C.M.A.No.1126 of 2023

JUDGMENT:(per Hon'ble Sri Justice P.SAM KOSHY)

      Heard Sri A. Rama Krishna Reddy, learned counsel for the

appellant - Insurance Company and Sri K.V.Janardhan Rao,

learned counsel for the respondents. Perused the entire record.

2. The instant appeal has been filed by the appellant -

Insurance Company under Section 173 of the Motor Vehicles

Act, 1988 (hereinafter referred to as 'the Act') assailing the

Award dated 10.07.2015 passed in M.V.O.P.No.886 of 2012

on the file of the learned Motor Accidents Claims Tribunal - cum

- Principal District Judge, Karimnagar (hereinafter referred to as

'the Tribunal').

3. The claim petition was filed by the claimants under

Section 166(1) (c) of the Act seeking compensation of an amount

of Rs.30,00,000/- for the death of person by name Madugula

Mallaiah, in a road accident. Vide impugned order dated

10.07.2015, the Tribunal has awarded compensation of an

amount of Rs.30,00,000/- to the claimants with an interest @

PSK,J & NTR,J MACMA.No.1126 of 2023

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

deposit.

4. The primary challenge to the Award passed by the

Tribunal is on the ground that the offending vehicle which is

insured by the appellant - Insurance Company in the instant

appeal was not infact involved in the accident at all and that the

entire claim of the claimants is based upon incorrect facts and

false allegations.

5. To substantiate his contention, the learned counsel for the

appellant - Insurance Company submits that it is a case where

the accident occurred on 31.10.2010 and the initial F.I.R. was

lodged against unknown vehicle. That it is only after four

months of time that the alleged eye witness had entered the

scene and given the number of the Tractor bearing registration

No.AP-15-TA-7127/7128 which stands insured with the

appellant - Insurance Company. Therefore, the learned counsel

for the appellant - Insurance Company contends that the entire

claim filed by the claimants on the aforesaid factual backdrop

seems to be highly improbable and the Award of the Tribunal to

that extent needs to be interfered with or atleast the matter

should be remanded back for fresh adjudication. In addition, he

PSK,J & NTR,J MACMA.No.1126 of 2023

further contends that there was an application moved by the

appellant herein before the Tribunal to call the Investigation

Officer as a witness so that he can be suitably cross examined

on this aspect which too was rejected by the Tribunal.

Therefore, the appellant - Insurance Company has not been in a

position to effectively substantiate their contention before the

Tribunal.

6. However, perusal of the record would show that based

upon the F.I.R. which was lodged against unknown person, the

police authorities did conduct an investigation and thereafter,

the final report was prepared and charge sheet was also filed.

Respondent No.7 in the instant appeal-the owner-cum-driver of

the Tractor was subjected to prosecution and he has also

undergone the whole trial for the offence under Section 304-A in

Cr.No.169 of 2010 registered at Dharmapuri Police Station.

7. In the teeth of the said charge sheet and the prosecution

of respondent No.7 and there being no other cogent evidence led

by the Insurance Company before the Tribunal to disbelieve the

aforesaid contention and the version of the eye witness, we do

not find any strong case made out by the learned counsel for the

Insurance Company in assailing the impugned Award

PSK,J & NTR,J MACMA.No.1126 of 2023

10.07.2015 so far as liability part is concerned. Therefore, we

do not find any merits in the appeal.

8. The Appeal thus fails and is accordingly dismissed. There

shall be no order as to costs.

Miscellaneous applications pending, if any, shall stand

closed.

___________________ P. SAM KOSHY, J

___________________ N.TUKARAMJI, J Date: 16.11.2023 Lpd/Pvt