G. Mallesh v. J. Nageshwarji And Another

HONOURABLE SRI JUSTICE T.AMARNATH GOUD M.A.C.M.A.No.637 of 2006 JUDGMENT:

This appeal is filed by the claimant under Section 173 of the Motor Vehicles Act aggrieved by the orders passed by the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Mahabubnagar (for short 'the Tribunal), in O.P.No.358 of 2002 dated 20.12.2005.

2. The Tribunal after framing the issues and examining the witnesses, allowed in part the claim of the claimant by awarding the compensation of Rs.46,000/- with 7.5% rate of interest against the claim of Rs.1,00,000/-.

3. Learned counsel for the appellant-injured claimant contended that the Tribunal ought to have taken into consideration the Ex.A7-disability certificate and awarded the compensation on that aspect also and sought for enhancement of the compensation amount by allowing the appeal.

4. Learned counsel for the 2nd respondent-insurance company supported the award of the Tribunal and sought for dismissal of the appeal.

5. From perusal of the material on record, this Court is of the opinion that the Tribunal has rightly disbelieved the evidence of PW.1 and also the Ex.A7-disability certificate, which is said to have been issued in very casual manner and the said certificate do not carry any weightage and the award of the Tribunal is well

considered and requires no interference of this Court and the appeal is liable to be dismissed.

6. Accordingly and in the result, this Appeal is dismissed by confirming the order of the Tribunal. No costs. Miscellaneous petitions if any shall stand closed. ________________________ T.AMARNATH GOUD, J Date: 18.11.2019 ska