← Library
High Court for State of TelanganaMACMA/1055/2006partly allowed no costs

The National Insurance Company Limited v. Nandyala Bharathaqmma And 2 ORS.

2019-10-31T.Amarnath Goud2 pages

THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD MACMA NO. 1055 OF 2006 JUDGMENT:

This appeal is directed by the insurance company against the decree and order dated 09.11.2005 passed in O.P.No.343 of 2004 (Old O.P.No.307 of 2004) by the Motor Accidents Claims Tribunal-cum-II-Additional District Judge, Nalgonda (for short 'the Tribunal), whereby the tribunal awarded compensation of Rs.4,75,500/- with costs and interest @ 9% per annum from the date of petition till the date of realization on account of the accident occurred on 08.01.2004.

2.

For the sake of convenience, the parties herein are referred to as arrayed in the tribunal.

3.

Before the tribunal, in order to prove the case of the claimants, PWs.1 to 4 were examined and marked Exs.A.1 to A.18 on behalf of the claimants and no oral or documentary evidence is adduced on behalf of the respondents. 4.

Learned standing counsel for the insurance company contended that the tribunal erred in taking income of the deceased after retirement and applied higher multiplier and that the compensation granted by the tribunal is excessive and hence, prayed in allow the appeal by setting aside OP and

also contended that as the rate of interest 9% granted by the tribunal is on higher side and requested to reduce the same to 7.5% per annum.

5.

Learned counsel appearing for the claimant contended that the award passed by the tribunal is well considered and needs no interference of this Court and hence, prayed to dismiss the appeal.

6.

On perusal of the entire material available on record and having regard to the facts and circumstances of the case, the order passed by the tribunal is well considered and needs no interference of this Court. However, the rate of interest granted by the tribunal is reduced from 9% to 7.5% per annum and the appeal filed by the insurance company is liable to be allowed in part.

7.

In view of the above, the appeal is allowed in part reducing the rate of interest from 9% to 7.5% per annum. There shall be no order as to costs.

Miscellaneous petitions if any, shall stand closed. _______________________ T.AMARNATH GOUD,J Date: 31-10-2019 kvrm