DIVISIONAL MANAGER, MAHARASTRA STATE Vs. BHANU BEE

JUDGEMENT

(1.) THE 2nd respondent -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 Tribunal cum -I Additional District Judge, Medak at Sangareddy, (for short, 'Tribunal') in M.V.O.P.No.169 of 2009 dated 22.10.2010, awarding compensation of Rs.3,09,000/ -(Rupees Three lakhs nine thousand only) with interest at 8% per annum as against the claim of the claimant of Rs.7,00,000/ - (Rupees seven lakhs only), in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act').

(2.) HEARD Sri Katta Laxmi Prasad, the learned standing counsel for the appellant -insurance company, Ms.Rameswari Masineni the learned counsel for respondent Nos.1 to 3 and respondent No.4 served but not appeared and thus taken as heard to decide 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 to have dismissed the claim petition contending that the Tribunal failed to appreciate that when two vehicles are involved in an accident, both the owners and insurance companies are proper and necessary parties and the present petition filed only against Eicher van bearing No.MH 24 F 6138 though the entire record shows the accident occurred between two vehicles in opposite direction and cabins of both the vehicles were damaged and the liability ought to have been apportioned as per the negligence at 50% each and that the quantum of compensation awarded by the Tribunal is also on high side, hence to set aside the award of the Tribunal and also so far as fixing the liability by exonerating the insurer. Now the points that arise for consideration in the appeal are: