Dismissed

United India Insurance Co. Ltd. v. Saddu Venkata Narayana

Telangana HC4 Jul 2012CMA/2047/2003

Case brief

AI extract

What is this about?

This single judge appeal by an insurance company challenging the quantum of compensation in a motor accident case was dismissed. The court held that the contention regarding the inapplicability of the Section 163-A multiplier to Section 166 claims had no substance, affirming the Tribunal's decision.

What did the court decide?

No order as to costs; Appeal dismissed.

United India Insurance Co. Ltd. Vs Saddu Venkata… — Motor Accident Claims | Telangana HC (2012)

¶1

THE HON’BLE MR JUSTICE R. KANTHA RAO

¶2

C.M.A.No. 2047_of 2003

¶3

Date:04.07.2012

¶4

Between: United India Insurance Co.Ltd. rep. by its Divisional Manager, Kadapa

¶5

…Appellant And Sandu Venkata Narayana and another

¶6

…Respondents

¶7

THE HON’BLE MR JUSTICE R. KANTHA RAO

¶8

C.M.A.No. 2047_of 2003

¶9

JUDGMENT:

¶10

This appeal is filed by the appellant-United India Insurance Company Limited which was the second respondent before the Tribunal against the award dated 02.09.2002 passed by the Motor Accidents Claims Tribunal-cumDistrict Judge, Kadapa in M.V.O.P.No.1032 of 2001.

¶11

2. I have heard the learned counsel appearing for the appellant and also the learned counsel appearing for the respondents. 3. The first respondent-injured-claimant filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs.2,00,000/- in respect of the injuries sustained by him in the motor vehicle accident occurred on 16.07.2001 due to the involvement of the jeep bearing No.AP-16-K-7945.

¶12

4. This appeal is filed by the appellant-Insurance Company questioning the quantum of compensation on the ground that the learned Tribunal below went wrong in applying the multiplier 15 mentioned in the Table appended to Section 163-A of the Motor Vehicles Act. The basic contention is that since the claim is made under Section 166 of the Motor Vehicles Act, the multiplier mentioned in the Second Schedule appended to Section 163-A of the Motor Vehicles Act cannot be applied and the multiplier 10.45 mentioned in

¶13

BHAGWAN DAS v MOHD. ARIF^[1] is only applicable. In this case, the accident occurred on 16.07.2001. The injured was aged 45 years. As per the recent judgment in SARALA VARMA AND OTHERS v

¶14

DELHI TRANSPORT CORPORATION AND ANOTHE R^[2] , the

¶15

multiplier relevant to the age of the injured is 14. In this context, it is relevant to mention that the multiplier mentioned in the Second Schedule appended to Section 163-A of the Motor Vehicles Act is not

¶16

applicable even for the claims under Section 166 of the Motor Vehicles Act. Since the judgment was rendered prior to the pronouncement of the Hon’ble Supreme Court in Sarla Varma case (cited supra), the learned Tribunal is right in applying the multiplier 15 to Section 163-A of the Motor Vehicles Act.

¶17

Thus, I see no substance in the contention urged on behalf of the insurance company and therefore, the appeal fails and the same is dismissed. There shall be no order as to costs.

¶18

__________________ Date:04.07.2012 R. KANTHA RAO, J ccm

¶19

THE HON’BLE MR JUSTICE R. KANTHA RAO

¶20

C.M.A.No. 2047_of 2003

¶21

Date:04.07.2012

¶22

[1] AIR 1998 AP 98

¶23

[2] 2009 ACJ 1298

United India Insurance Co. Ltd. v. Saddu Venkata Narayana

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd. v. Saddu Venkata Narayana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Oriental Insurance Company Limited, Vs Jadhav Madhu

B.M. United India Insurance Co.Ltd. Vs Kalakada Fathima BEE.AND5 Others

M/s. Apsrtc, rep. by its General Manager, Vs Thipparabayam Anitha

United India Insurance Co. Ltd., Vs M. Ravi

The National Insurance Company Limited Vs Shaik Yousuf Bee

Haridasu Seshagiri Rao, Vs Ashok Leyland Limited, Regional Sales Office