Smt.Nagavva And 6 ORS v. The New India Assurance Co Ltd And ANR

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER M.A.C.M.A.No.2 5 6 9 of 2 0 0 5 JUDGMENT:

This appeal is filed under Section 173 of the Motor Vehicles Act, 1988, by the appellants-claimants aggrieved by the order dated 03.02.2005 in O.P.No.191 of 2002 on the file of the Motor Accident Claims Tribunal-cum-District Judge, Nizamabad (for short 'the Tribunal').

2.

Heard the learned counsel for appellantsclaimants and perused the record. Despite the matter being listed 'for orders', there is no representation for respondent-Insurance Company. This appeal is of the year 2005. Hence, it can be disposed of on merits. 3.

Learned counsel for the appellants-claimants would contend that the claim petition was filed before the Tribunal for grant of compensation of Rs.4,00,000/ - on account of death of the deceased Akkangari Saya Boi, who died due to rash and negligent driving of the driver of the offending vehicle bearing No.AP 31 T 4668. The Tribunal had assessed the compensation payable at Rs.4,32,000/ - and granted only Rs.4,00,000/ - and did not award any amount towards conventional heads and ultimately prayed to enhance the compensation.

4.

The claimants have claimed only Rs.4,00,000/ -. The Tribunal allowed the entire claim. There is no infirmity

in the impugned order. There is no justification in considering the request of the appellants-claimants in this appeal.

5.

In the result, the appeal is dismissed.

Miscellaneous Petitions pending, if any, shall stand closed. No order as to costs.

______________________ Dr . SHAMEEM AKTHER, J 26th June, 2018 ssp