NATIONAL INSURANCE COMPANY LIMITED Vs. THOTA KUSUMA KUMARI

JUDGEMENT

(1.) The appellant-2nd respondenet-insurance company, in the claim petition, filed this appeal having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunalcum-III Additional District Judge, Kakinada, (for short, Tribunal) in M.V.O.P.No.43 of 2005 dated 13.03.2007, awarding compensation of Rs.85,000/- with interest at 7.5% per annum as against the claim of the claimant of Rs.1,04,000/- in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, the Act).

(2.) Heard Smt.Ramani Jonna, the learned standing counsel for the insurance company and Sri N.v.Ananta Krishna learned counsel for the claimant. The 1st respondent-driver of the crime car did not chose to put forth his appearance before the Tribunal as well as in this Court and taken as heard for disposal on merits. Perused the material on record. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

(3.) The contentions in the grounds of appeal as well as oral submissions by the appellant-insurance company in nutshell are that the Judgment and decree of the Tribunal is contrary to law, weight of evidence and probabilities of the case and ought not to have granted the compensation and the compensation awarded by the Tribunal is highly excessive including the rate of interest and the Tribunal has no jurisdiction to pass an award under M.V.Act. Whereas the 1st respondent-claimant contending that the Tribunal rightly awarded the compensation with correct rate of interest and hence to dismiss.