Citation : 2025 Latest Caselaw 5139 Tel
Judgement Date : 28 April, 2025
THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
M.A.C.M.A No. 3796 of 2009
JUDGMENT:
This appeal is filed against the order dated 10.01.2006
passed in O.P.No.781 of 2001 by the learned III Additional
District Judge (FTC), Nizamabad.
2. The claim against respondent No.2 is dismissed. The
claimants claimed Rs.1.5 lakhs and the trial Court granted
Rs.77,000/- with interest @ 7.5%.
3. It was stated that petitioner was travelling in a lorry and
the lorry turned turtle and dashed to the tree. Charge sheet was
filed against the driver of the lorry as accident occurred only to
the negligence of the lorry driver. It is observed that violation of
policy and respondent No.2 is not liable.
4. The trial Court rightly considered the violation of the
policy and directed respondent No.1 to pay the compensation.
Though petitioner claimed enhancement of compensation, he
has not examined doctor, he filed only copy of medical
certificate. As per certified copy of medical certificate, he
sustained swelling of right ankle, which is not grievous injury.
The trial court rightly considered all the aspects and this Court
finds no reason to interfere with the said order and the present
appeal is liable to be dismissed.
5. In the result, this MACMA is dismissed. No costs.
Miscellaneous petitions pending, if any, shall stand
closed.
_____________________ P. SREE SUDHA, J Date: 28.04.2025 CHS
THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
DATE: 28.04.2025
CHS
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