ORIENTAL INSURANCE COMPANY LIMITED REP. BY ITS DIVISIONAL MANAGER, VISAKHAPATNAM Vs. YEDIDA CHINA APPA RAO AND ANOTHER

JUDGEMENT

(1.) The 2nd respondent insurer among the 2 respondents of O.P.No.1288 of 1999 maintained by the claimant under Sec. 166 of Motor Vehicles Act for the injuries sustained in the motor accident on 21.12.1998 while travelling in the lorry of the 1st respondent bearing No.AP-16-T-3244, since the Tribunal awarded joint liability with interest @ 9% instead of 7.5% per annum, maintained the appeal impugning the same on the contention that the Tribunal gravely erred in fixing liability, the injured is an unauthorized passenger of the goods vehicle and the other contention is rate of interest is excessive to reduce and the compensation is also excessive.

(2.) Whereas, it is the contention of the learned counsel for the claimant that the award of the Tribunal holds good for this Court while sitting in the appeal there is nothing to interfere, but for no cross objections to enhance, hence to dismiss the appeal.

(3.) Heard and perused the material on record.