The single judge dismissed an appeal challenging an award of Rs.1,05,000 compensation but modified the interest rate from 9% to 7.5% per annum following the ratio in Rajesh vs Rajbir Singh.
The rate of interest is reduced from 9% to 7.5% per annum; the compensation amount of Rs.1,05,000 remains unchanged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE DR. JUSTICE B. SIVA SANKARA RAO
M.A.C.M.A.No.4254 of 2008
JUDGMENT:
The 2nd respondent insurer among the 3 respondents including the owners of the van bearing No.AP-25-T-4818, aggrieved by the award of the Tribunal awarding compensation of Rs.1,05,000/against the claim of Rs.2,00,000/- maintained by the injured claimant in O.P.No.660 of 1999 dated 15.06.2006, maintained the appeal with the contentions mainly on the quantum as excessive so also the rate of interest.
The appeal 1st respondent is the claimant. The appeal 2nd and 3rd respondents are the so called owners whose notice returned unclaimed, a sufficient service.
Heard and perused the material on record.
The claimant sustained severe grievous injuries as per Exs.A1 and A3 medical certificates with Ex.A12 disability certificate and A.11 X-ray and PWs.2 and 3 Doctors also depose in relation to partial disability and Tribunal having consideration of the same, awarded compensation, thereby for this Court while sitting in the appeal, there is nothing to interfere with the quantum and the appeal is liable to be dismissed, but for to reduce 9% to 7.5% vide Rajesh Vs.
Rajbir Singh1 .
Accordingly and in the result, the appeal is partly allowed by reducing the rate of interest from 9% to 7.5% per annum. In other aspects the award of the Tribunal holds good.
1 2013 ACJ 1403
2
Dr.SSRB,J
Consequently, miscellaneous petitions, if any shall stand
closed. No costs.
_____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO
Date: 30.08.2016 ska
2 issues framed by the court
Whether the compensation awarded by the Tribunal should be reduced due to excessive quantum.
Whether the rate of interest awarded by the Tribunal should be modified.
Colour shows how this judgement treated each authority
Rajesh Vs Rajbir SinghExplained¶7
Rajesh Vs Rajbir Singh
1 provisions across 1 enactments
Owners of van bearing No.AP-25-T-4818
2nd respondent insurer
Claimant
B. Siva Sankara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
