The New India Assurance Company Limited v. Kavuri Devadanam [Died]

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO M.A.C.M.A.No.2196 of 2009 ORDER:

Heard.

2. A perusal of the record shows the tribunal having fresh in mind the facts with opportunity of recording evidence when came to the conclusion that there is equal contribution to the accident from both vehicles involved while proceeding in opposite direction merely because some other view is possible, this Court while sitting in appeal cannot be brushed aside of the finding of the tribunal. When such is the case what the tribunal awarded of Rs.1,50,000/-with 50% liability of both the vehicles owners and insurers, respectively, to say final liability of Rs.75,000/- each is in fact utterly low but for no cross objections to enhance.

3. Having regard to the above, there are no merits in the appeal. Hence, the appeal is dismissed. There is no order as to costs.

4.

Miscellaneous petitions, if any pending, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date:04-01-2016 pab