HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A.No.2220 of 2011 JUDGMENT: The appeal is filed by the Insurance Company against the award in O.P.No.2389 of 2001 on the file of the XII Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad where-under for the compensation for damages to the auto a sum of Rs.50,767/- was granted and the liability was fixed on the appellant. 2. According to the case of the petitioner, on 06.11.2000 the lorry bearing No.AP 9T 1992 came in a rash and negligent manner and dashed against the auto of the petitioner, as a result of which, it was totally damaged. The auto was repaired by spending money. The 2nd respondent is insurer of the lorry and the 3rd respondent is insurer of the auto. After considering the evidence on record, the lower Tribunal accepted the claim of the petitioner. 3. The appellant herein has contended that there is no negligence on the part of the driver of the lorry and pleaded for dismissal of the application. 4. The point for consideration is whether the Insurance Company is not liable to pay the compensation? 5. POINT: So far as the quantum of compensation is concerned and the nature of the incident is concerned, the lower Tribunal has assessed the evidence and came to a conclusion. The only point that has been raised by the counsel for the appellant is that under Section 147 of the Motor Vehicles Act, the statutory liability for the third party damages is only Rs.6,000/- and in this case no extra premium was collected for excess payment of third party damages and consequently, it is only an Act policy. The copy of the policy has been furnished before me and it shows that there is no collection of the extra premium to cover the third party risk. Therefore, in view of the mandatory provisions under Section 147 of the Motor Vehicles Act, the liability of the appellant is confined only to Rs.6,000/- and the balance is to be recovered from the owner of the vehicle. Accordingly, the appeal is allowed in part. There shall be no order as to costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:13.10.2011 INL