NATIONAL INSURANCE COMPANY LTD Vs. RAYYALA SANGAIAH

JUDGEMENT

(1.) This appeal is directed by the insurance company against the decree and order dated 05.05.2006 passed in O.P.No.134 of 2003 by the Motor Accidents Claims Tribunal-cum-VI Additional District Judge, FTC, Nizamabnad at Kamareddy (for short 'the Tribunal), whereby the tribunal awarded compensation of Rs.15,000/- with proportionate costs and interest @ 9% per annum from the date of petition till the date of realization on account of the accident occurred on 08.11.2002.

(2.) Before the tribunal, in order to prove the case of the claimant, PW.1 was examined and marked Exs.A.1 to A.8 and Ex.B.1-insurance policy was marked, but no oral evidence was adduced on behalf of the respondents.

(3.) Learned standing counsel for the insurance company contended that the seating capacity of the vehicle is 5 +1 only, but 10 persons were traveling, which is gross violation of the policy conditions and that no doctor was examined to prove Ex.A.3 and hence, the Insurance Company is not liable to pay the compensation and prayed to allow the appeal by setting aside OP and also contended that the rate of interest may be reduced to 7.5% per annum.