AI Structured Summary
Not yet generated for this judgment
Judgment
N.A. Britto, J.—Heard Shri M.S. Joshi, the learned Counsel on behalf of the appellant. The respondents have chosen to remain absent. The appellant is the insurer of vehicle no. GA-02-T-4314 which met with an accident on 7/04/2004, causing death of a 3 years old daughter of the respondents. The said respondents having filed a claim petition against the driver, the owner and the insurer of the said vehicle, the learned MACT was pleased to award to the respondents/claimants compensation in a sum of Rs. 4,11,000/-with interest at the rate of 9% per annum from the date of the application.
Contending that the compensation awarded is excessive and it is more than what was claimed by the claimants, the present appeal has been filed, and, Shri Joshi has placed reliance on the case of Oriental Insurance Co. Ltd. V/s. Syed Ibrahim & Ors. (2007 ALL SCR 2764 ). That was a case where compensation of Rs. 51,500/-, which was ordered to be paid, was maintained by the Apex Court in case of a child of 7 years of age. Prima facie, it does appear that the compensation ordered to be paid is excessive, but I must hasten to add that the appellant, as insurer can file an appeal only in case where there is a breach of one of the conditions of the policy as contained in Section 149(2) of the MV Act, 1988 and not on the ground that the compensation awarded is excessive. The Apex Court in Chinnama George and Others Vs. N.K. Raju and Another, has clearly stated that an appeal on quantum of compensation is not a ground available to the insurer for the purpose of filing an appeal. Being so, the appeal is clearly not maintainable and is hereby dismissed.