Ifco - Tokio General Insurance Company ... vs Kondamanchi Pentaiah , Pentanna
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Telangana High Court

Ifco - Tokio General Insurance Company ... vs Kondamanchi Pentaiah , Pentanna on 1 April, 2026

      IN THE HIGH COURT FOR THE STATE OF TELANGANA
                      AT HYDERABAD

         THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

                     M.A.C.M.A.No.1056 of 2019

                           DATE: 01.04.2026
Between:

IFFCO-TOKIO General Insurance Co. Ltd.,
Rep. by its Branch Manager,
Branch Office, II Floor, Saiheritage,
Old Warora Naka Chandrapur,
Maharashtra State.
                                                            ..... Appellant
                                   AND
Kondamanchi Pentaiah @ Pentanna and three others.

                                                          ....Respondents

                               JUDGMENT

This appeal is filed by the appellant/Insurance Company being

aggrieved by the judgment and decree, dated 31.07.2009 passed in

O.P.No.581 of 2007 by the Chairman, Motor Accident Claims

Tribunal-cum-I Additional District Judge, at Adilabad (for short "the

Tribunal"), wherein, the learned Tribunal awarded a total

compensation of Rs.47,505/- with interest @ 7.5% per annum from

the date of petition till the date of realization against total claim of

Rs.2,50,000/- for the injuries sustained in a motor vehicle accident.

2. When the matter is taken up for hearing, the learned counsel

appearing for the respondent No.1/claimant submitted that in respect of the

same accident and the very same impugned judgment, the respondent

No.1/claimant had filed an appeal vide M.A.C.M.A.No.2533 of 2011 seeking

enhancement of compensation. It is further submitted that the said appeal

was heard and partly allowed by this Court vide judgment dated 20.09.2023,

whereby the compensation was enhanced from Rs.47,505/- to Rs.77,505/-.

In view of the fact that the findings of the Tribunal regarding the accident

and the liability have already been adjudicated and the compensation has

been enhanced in the claimant's appeal, the learned counsel submitted that

the present appeal filed by the Insurance Company challenging the original

award does not survive for consideration.

3. In view of the above submissions and considering the fact that this

Court in M.A.C.M.A.No.2533 of 2011, has already dealt with the subject

matter of the accident involving the lorry bearing No.C.G.04.JA-7755 and

the auto bearing No.AP 01 2274 and has enhanced the compensation

awarded by the Tribunal, nothing remains to be adjudicated in the present

appeal. Therefore, the present appeal filed by the Insurance Company is

devoid of merits and is liable to be dismissed.

4. Accordingly, this appeal is dismissed. No order as to costs.

As a sequel, the miscellaneous petitions pending, if any, shall

stand closed.

________________________________ JUSTICE C.V.BHASKAR REDDY Date: 01.04.2026 Bw