The United India Insurance Co. Ltd. v. Chilukuri Laxmamma

THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD CMA NO. 4345 OF 2004 JUDGMENT:

This appeal is directed by the insurance company against the order dated 29.07.2004 in O.P.No.862 of 2001 passed by the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Nalgonda, Suryapet (for short 'the Tribunal), whereby the Tribunal granted compensation of Rs.10,75,500/- with costs and interest @ 9% per annum from the date of petition till the date of deposit of the awarded amount as against the compensation of Rs.20,00,000/- on account of the death of Chilukuri Ramulu in a motor vehicle accident occurred on 25.05.2001, when the deceased along with his co-employee on official work proceeded to Madanapur Village on the scooter bearing No.AP 28 9828 and on return, when they reached near Madanapur bus stop one lorry bearing No. PY 01 P 2459 came from Hyderabad in a rash and negligent manner with high speed on wrong side and dashed the scooter of the deceased, as a result of which the deceased received grievous injuries and died on the spot.

Learned counsel for the appellant contended that the compensation and the interest granted by the tribunal are very high and hence, prayed to allow the appeal.

A perusal of the material available on record, having regard to the facts and circumstances of the case, the order passed by the tribunal is well considered and needs no interference by this Court

since the age, proof of income of the deceased and the multiplier taken by the tribunal is reasonable and just as on the date of passing of the award and even the interest @ 9% is also reasonable, which is bank rate of interest prevailing as on that date.

Accordingly, MACMA is dismissed confirming the order dated 29.07.2004 in O.P.No.862 of 2001 passed by the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Nalgonda, Suryapet. There shall be no order as to costs. Miscellaneous petitions if any, shall stand closed. _______________________ T.AMARNATH GOUD,J Date: 29.08.2019 kvrm